Scott v. Glenn

Citations

• 97 Cal. 513
• 32 P. 573
• 1893 Cal. LEXIS 581

Syllabus

<p>New Trial — Notice of Decision — Service — Notice of Intention. — Where the defendant in an action in which he filed a cross-complaint making the plaintiff and his alleged assignors parties defendants served a notice of the decision of the court in his favor upon the attorneys for the plaintiff and defendants to the cross-complaint, directed “to the plaintiff” and the “ attorneys of record, ” and one of the attorneys named accepted service thereof as “ attorney for plaintiff and defendants to cross-complaint, ” the notice must be treated as a notice to and accepted by all of the losing parties, and a notice of intention to move for a new trial, served and filed by the defendants in the cross-complaint after the expiration of ten days from the service of the notice of decision, is not served or filed in time.</p>