Shepard v. F. A. Robbins Press Works

Citations

• 7 Cal. Unrep. 259
• 85 P. 307
• 1906 Cal. LEXIS 379

Syllabus

<p>Appeal—Filing of Transcript—Granting New Trial—Conditional Order.—A motion for a new trial in an action to quiet title was denied upon condition that plaintiff consent to an amendment of the findings and judgment, and the order denying the motion stated that defendant’s counsel should prepare an order specifying in detail the amendment to be made, and it was provided that, if plaintiff did not consent within ten days, a new trial should be granted. Some four months later an order was made reciting the pendency of the motion for a new trial, specifying the amendment to be made and stating that if plaintiff failed to consent to the amendment within ten days, a new trial would be granted. Plaintiff at no time consented to the amendment. Held, that ten days within which plaintiff might consent to the amendment and avoid the new trial did not begin to run until after the making of the second order, so that it was not until after the expiration of ten days from that time that the forty days allowed for the filing of a transcript on appeal began to run.</p>