Sutton v. Symons

Citations

• 100 Cal. 576
• 35 P. 158
• 1893 Cal. LEXIS 835

Syllabus

<p>Appeal—Order Refusing to Vacate Appealable Order.—No appeal lies from an order refusing to vacate an appealable order.</p> <p>Id.—Order Striking Out New Trial Statement—Refusal to Vacate— Dismissal of Appeal.—An order striking a statement on motion for a new trial from the files is an appealable order, and an order refusing to vacate such order is therefore not appealable, and an appeal therefrom will be dismissed.</p> <p>New Trial—Denial of Motion After Striking Out Statement.—Where a statement on motion for a new trial is stricken from the files, the motion for a new trial is properly denied.</p> <p>Id.—Notice of Intention Not Filed in Time.—Where a notice of intention to move for a new trial is not filed with the clerk within the time allowed by law, the motion for a new trial is properly denied, although the notice has been served upon the adverse party within due time.</p>