Romine v. Cralle

Citations

• 80 Cal. 626
• 22 P. 296
• 1889 Cal. LEXIS 968

Syllabus

<p>Appeal—Dismissal—Modification after Remutitdr.—The supreme court has power to modify an order dismissing an appeal, by making it read “without prejudice,” so as to permit the prosecution of a second appeal, notwithstanding the remittitur has issued before the modification is made.</p> <p>Id.—NON-APPBALABLE ORDER — MOTION TO REHEAR—NEW TRIAL MOTION. — When a motion for a new trial has been heard and denied, and no appeal is taken from the order within sixty days, an order denying a motion to call it up again for hearing thereafter is not an appealable order, and an appeal therefrom will be dismissed.</p> <p>Id. — Review oh Appeal — Validity of Order Denying New Trial — Authority of Attorney. — An order denying a new trial cannot be regarded as void because the motion was heard in the absence of one of the attorneys of record, if another attorney of record, who signed the answer of the moving party, appeared in behalf of the motion. The appellate court cannot go behind the record to consider the authority of an attorney who acted as such in the court below.</p>