Brotherton v. Hart
California Supreme Court Jul 1, 1858Published
Before: Terry
Synopsis
Where the parties in the Court below stipulated that a motion for a new trial should be denied, they cannot question, in this Court, the correctness of an order denying such motion.
Terry, C. J., at the July Term, 1858, delivered the opinion of the Court— Field, J., concurring.
In this case the parties, by stipulation, consented that the motion for a new trial should be denied. Having consented to the order, they cannot now question its correctness. (Meerholtz v. Sessions, 9 Cal. 277.)
Judgment affirmed.
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