Roussin v. Stewart

Citations

• 33 Cal. 208

Syllabus

<p>Hew Trial—Time'of Hotice of Motion.—The time to serve notice of motion for a new trial, under the one hundred and ninety-fifth section of the Practice Act, does not commence to run until written notice of the rendering of the decision is served.</p> <p>Sufficiency of Denial.—An answer that denies a material averment of a complaint “ on information and belief,” is a sufficient denial to raise an issue thereon under the forty-sixth and fifty-fifth sections of the Practice Act.</p> <p>Attorneys.—Where, at different stages of proceedings in a cause, different attorneys had acted for one of the parties, without notice of substitution, the service of a notice upon the attorney last acting, and recognized by the Court below as such, was a sufficient service upon the party for whom he was acting.</p> <p>Liability on Indemnifying Bond.—In an action on a bond to indemnify the plaintiff against damages he might sustain by levying an attachment on certain property, and where .the complaint alleged the recovery of judgment against plaintiff for damages, against which he was indemnified, and the payment of said judgment; held, that said averment of payment was material to plaintiff's right to recover for the amount of such judgment.</p>