Wills v. Rhen Kong

Citations

• 70 Cal. 548
• 11 P. 780
• 1886 Cal. LEXIS 842

Syllabus

<p>I&ew Trial—Statement—Presentation for Settlement—Time for. — The defendant, having duly served Ms proposed statement on motion for a new trial, to wMch the plaintiff had duly served amendments, presented the same to the judge for settlement fourteen days after the service of the amendments. No notice was given to the plaintiff of the presentation. The judge refused to settle the statement because it had not been presented in time, and because no notice of the presentation had been given. The defendant thereupon engrossed the statement, embodying therein all of the proposed amendments, and presented it to the judge for settlement thirty days after the former presentation. Held, that the engrossed statement was a new statement, and that the judge had no authority to settle and allow it, as the time for the service of a statement had passed.</p>