Butterfield v. Cent. Pac. R.R.

By the Court, Sanderson, J. : After all that has been said by this Court upon the subject of statements upon motions for new trials, in relation to what they should- contain and the manner of stating it, it is not a little surprising that statements continue to he brought here which have been prepared in utter disregard of the rules which are prescribed by the statute and of the repeated decisions of this Court. The statute upon the subject is so plain that a failure to present a statement such as it requires [382]can be accounted for upon no theory except that the statute has been allowed to remain as a sealed book. Its language is as follows: “ When the notice designates as the ground upon which the motion will be made the insufficiency of the evidence to justify the verdict or other decision, the statement shall specify the particulars.in which such evidence is alleged to be insufficient. When the notice designates as the ground of the motion, errors in law occurring at the trial and excepted to by the moving party, the statement shall specify Ohs particular errors upon which the party will rely. If no such specifications be made the statement shall be disregarded. The statement shall contain so much of the evidence, or reference thereto, as may be necessary to explain the particular points thus specified, and no more.” To a lawyer, language never conveyed a meaning more obvious, and a failure to follow the directions of the statute admits of no excuse, and no reason, except a failure to read the statute before preparing the statement.

The respondent makes and urges the. point that the statement in this case must be disregarded, because it does not contain the sjiecifications required by the statute. If such be the case, this Court has no discretion, for the statute dictates the consequence. “ If no such specifications be made, the statement shall be disregarded.”

The transcript commences with this heading:

“ STATEMENT ON APPEAL.”

Then follows the venue and title of the cause. Then follows the heading :

“ STATEMENT ON MOTION FOR NEW TRIAL,” under which is written: “ Sow comes the said defendant and. files this, his statement of the above cause, on motion for a new trial, to wit.”

Then comes the complaint: next, amendments thereto; next, the answer; next, the supplemental answer; next, the testimony of the plaintiff in full, with objections of counsel, rulings of Court and exceptions of counsel interspersed; next, the motion of defendant for a nonsuit founded upon a