Adams v. City of Oakland

California Supreme Court

Adams v. City of Oakland

8 Cal. 510

CourtCalifornia Supreme Court

DecidedJuly 1, 1857

StatusPublished

Cited by1 cases

This text of 8 Cal. 510 (Adams v. City of Oakland) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. City of Oakland, 8 Cal. 510 (Cal. 1857).

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Opinion

Terry, C. J., delivered the opinion of the Court—Burnett, J., concurring.

' In this case, the notice of motion for new trial served, simply informed plaintiff that the “ Court would be moved to grant a new trial.” Afterwards, a statement of the evidence was filed, but no affidavit or statement of the grounds on which his motion was based.

The statute provides that a party moving for a new trial ¿shall, within five days after giving notice, make out and file with the clerk, the affidavit required, or a statement of the grounds on which he intends to rely. If such affidavit or statement be not filed within five days, the right to move for a new trial shall be deemed waived.

The statute not having been complied with, we can only consider the judgment-roll, which being regular upon its face, the' judgment is affirmed.

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Terry, C. J., delivered the opinion of the Court—Burnett, J., concurring.

' In this case, the notice of motion for new trial served, simply informed plaintiff that the “ Court would be moved to grant a new trial.” Afterwards, a statement of the evidence was filed, but no affidavit or statement of the grounds on which his motion was based.

The statute provides that a party moving for a new trial ¿shall, within five days after giving notice, make out and file with the clerk, the affidavit required, or a statement of the grounds on which he intends to rely. If such affidavit or statement be not filed within five days, the right to move for a new trial shall be deemed waived.

The statute not having been complied with, we can only consider the judgment-roll, which being regular upon its face, the' judgment is affirmed.

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Bluebook (online)

8 Cal. 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-city-of-oakland-cal-1857.

Opinion

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