Wing v. Owen

California Supreme Court

Wing v. Owen

9 Cal. 247

California Supreme Court·Decided July 1, 1858·Published·Cited by 4 cases

Opinion

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

In this case no statement was filed setting forth the grounds upon which the defendants intended to rely on their motion for a new trial. The failure to file such statement operates as a waiver of the right to the motion. (Practice Act, sec. 195; Adams v. The City of Oakland, 8 Cal., 510.)

The order granting a new trial is reversed, and the cause remanded.

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

In this case no statement was filed setting forth the grounds upon which the defendants intended to rely on their motion for a new trial. The failure to file such statement operates as a waiver of the right to the motion. (Practice Act, sec. 195; Adams v. The City of Oakland, 8 Cal., 510.)

The order granting a new trial is reversed, and the cause remanded.

Wing v. Owen, 9 Cal. 247 (Cal. 1858).

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Opinion

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