Stoyell v. Cole

Citations

• 19 Cal. 602

Syllabus

<p>Plaintiff recovered judgment, and defendants gave notice of their intention to move for a new trial, and filed a statement of the grounds. Plaintiff filed a counter statement, but afterwards, at a meeting of the parties before the Judge at chambers to settle the statement, informed the Judge and defendants that the statement need not he settled, as he would consent to a new trial; whereupon, defendants gave notice of a motion to withdraw their motion or proceedings for new trial. Kefused, and a new trial granted: Held, that the Court erred; that defendants had a right to move or not to move for a new trial upon the notice given, and if they chose to abandon their proceedings, whether before or after the motion for new trial was made, they had the right so to do.</p>