Mann v. Haley

California Supreme Court

Mann v. Haley

45 Cal. 63

CourtCalifornia Supreme Court

DecidedJuly 1, 1872

DocketNo. 3,334

StatusPublished

Cited by7 cases

This text of 45 Cal. 63 (Mann v. Haley) 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

Mann v. Haley, 45 Cal. 63 (Cal. 1872).

Pincite

Opinion

By the Court:

A judgment was originally rendered in the action on the 11th day of October, 1870. As the result of a motion for a new trial, a modification of this judgment was directed by the'Court below on March 30th, 1871. . On March 5th, 1872, an appeal was taken “from the judgment * * * entered * ■* ■* on the 30th day of March, A. D. 1871.” Objection is now made by the respondent that the appeal, having been taken more than one year after the 11th day of October, 1870, is too late, and must be dismissed on that ground. The modification of a judgment, made as the result of a motion for a new trial, is- in effect the rendition of a new judgment, and a party desiring to have it reviewed may appeal at any time within one year after its rendition.

Motion to dismiss the appeal denied, and cause continued, with leave to the respondent to suggest a diminution of the record, if he be so advised.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court:

A judgment was originally rendered in the action on the 11th day of October, 1870. As the result of a motion for a new trial, a modification of this judgment was directed by the'Court below on March 30th, 1871. . On March 5th, 1872, an appeal was taken “from the judgment * * * entered * ■* ■* on the 30th day of March, A. D. 1871.” Objection is now made by the respondent that the appeal, having been taken more than one year after the 11th day of October, 1870, is too late, and must be dismissed on that ground. The modification of a judgment, made as the result of a motion for a new trial, is- in effect the rendition of a new judgment, and a party desiring to have it reviewed may appeal at any time within one year after its rendition.

Motion to dismiss the appeal denied, and cause continued, with leave to the respondent to suggest a diminution of the record, if he be so advised.

Cite This Page — Counsel Stack

Bluebook (online)

45 Cal. 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mann-v-haley-cal-1872.

Opinion

Related

Cite This Page — Counsel Stack