Whipley v. Dewey

Citations

• 17 Cal. 314

Syllabus

<p>Where plaintiff moved for a continuance, which was refused, and he thereupon took a voluntary nonsuit, with leave to move to set it aside upon affidavit, and two days afterward (January 5th) gave defendant notice of his intention to make the motion as soon as the affidavit for that purpose could be procured, and the term expired on the last day of that month without any additional steps being taken : Held, that although the order permitting plaintiff to move to set aside the nonsuit preserved all his rights in the proceedings, in legal effect it amounted only to permission to move for a new trial, and the statute in relation to new trials not having been complied with, the Court lost all jurisdiction of the matter upon the expiration of the term.</p>