Barry v. Lambert (1858) · DecisionDepot

Barry v. Lambert

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1858Published

Before: Field

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Holding. The court held that orders denying a motion to set aside a statement for a new trial and allowing amendments to such a statement are interlocutory and not independently appealable before final judgment.

Issues

Whether an appeal lies from interlocutory orders denying a motion to set aside a statement for a new trial and allowing amendments to said statement prior to final judgment.

Disposition. Appeal dismissed.

Quotations verified verbatim against the opinion

“The orders were interlocutory, and no appeal lies from such orders, except in the cases provided by statute. They can only be reviewed on appeal from the final judgment.”

Synopsis

No appeal lies from an interlocutory order, except in the cases provided by statute. Such order can only be reviewed on appeal from the final judgment.

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

[504]The appeal, in the present case, is from an order denying the motion of the plaintiff to set aside the statement filed on the application for a new trial, and the proceedings had on such application, and also from an order allowing the defendants to amend their statement. The appeal was taken before the entry of final judgment. The orders were interlocutory, and no appeal lies from such orders, except in the cases provided by statute. They can only be reviewed on appeal from the final judgment.

Appeal dismissed.

Barry v. Lambert

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