Wheeler v. Karnes

Citations

• 125 Cal. 51
• 57 P. 893
• 1899 Cal. LEXIS 798

Syllabus

<p>New Trial—Delay in Service of'Statement—Absence of Excuse—Review upon Appeal.—If a settled statement on motion for a new trial shows that the settlement thereof and the hearing of the motion were objected to on the ground that the proposed statement was not served within the time allowed by law, and that it was not served within ten days after service of the notice, it devolved upon the moving party to incorporate into the statement any matter excusing the delay; and if it does not appear therefrom that any extension of time was granted by stipulation or order, or that there was any excuse for the delay, the settled statement cannot be considered upon appeal; and it must be presumed that the findings were supported by the evidence, and that the rulings on the trial were correct.</p>