· 10/1/1898

Tuffree v. Stearns Ranchos Co.

Citations

  • 6 Cal. Unrep. 134
  • 54 P. 826
  • 1898 Cal. LEXIS 1056

Syllabus

<p>Appealable Order.—Under Code of Civil Procedure, Section 963, allowing an appeal from a special order made after final judgment, an order denying a motion to correct a judgment, or the file mark thereon, is appealable, where an appeal from the judgment will not present all the facts on which the motion is based.</p> <p>Judgment—Attack by Motion.—A Judgment Regular on Its Face cannot be set aside on motion attacking its validity.1</p> <p>New Trial.—As to Time of Moving for New Trial, Notice of intention, filed after judgment entered on a remittitur from the supreme court, may be given in reference to such judgment, rather than the original judgment.</p> <p>Evidence.—In a Trial to the Court, Plaintiff was Permitted to detail a conversation with one of several defendants, the court remarking that it would take care that the evidence harmed no one else. Held, that there was no error.</p>

Judges: Chipman

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