Quivey v. Gambert

Citations

• 32 Cal. 304

Syllabus

<p>Appealable Order.—An appeal does not lie from an order striking out a statement on motion for a new trial.</p> <p>Motion for New Trial. — If there are any technical grounds upon which a motion for a new trial may be resisted, such as failure to file and serve notice of motion or to file statement in time, the proper practice is to raise such grounds on the argument of the motion as a reason why the motion should be denied.</p> <p>Idem.—A motion for a new trial can be heard only on the record made and settled before the motion is made.</p> <p>New Trial.—An order granting or refusing a new trial can be reviewed by the Supreme Court only on the record made and settled before the order is made.</p> <p>Idem.—On appeal from an order granting or refusing a new trial a statement cannot be annexed to the order.</p> <p>Statement Annexed to Order.—An order denying or granting a new trial is • not one of the orders referred to in section three hundred and thirty-eight of the Practice Act, to which a statement may be annexed on appeal.</p> <p>An Exception.—An exception is an objection taken between the time of calling the action for trial and the rendition of the verdict or decision.</p> <p>Bill of Exceptions.—An order striking out a statement on motion for a new trial cannot be brought before the Supreme Court for review by a bill of exceptions.</p> <p>Court should Rule on Motion for New Trial.—A party moving for a new trial is entitled to a ruling upon his motion upon the basis upon which it is presented. If his notice or statement has not been filed or served in time, that is good reason why his motion should be denied.</p> <p>Striking out Statement or Notice.—The Court should not strike out a notice or statement on motion for a new trial.</p> <p>Amendments to Statement.—A defendant in a motion for a new trial may file amendments to the statement, without.waiving his right to object that the notice or statement was not filed or served in time, by a preface that he does so