Plant v. Smythe (1872) · DecisionDepot

Plant v. Smythe

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

California Supreme Court Jan 15, 1872 No. No. 3,150Published

Before: Rhodes

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Holding. The court denied a motion to place a cause on the calendar because the parties failed to comply with Rule Fifteen, which requires the filing of the transcript and briefs before such a motion can be granted.

Issues

Whether a cause may be placed on the calendar based on a stipulation of the parties without complying with Rule Fifteen.

Disposition. Motion denied.

Quotations verified verbatim against the opinion

“A cause will not be placed on the calendar, in accordance with the stipulation of the parties, except on compliance with the provisions of Rule- Fifteen.”

“The transcript, and the briefs or points and authorities of both parties, must be filed before the Court will permit the cause to be placed upon the calendar on the stipulation of the parties.”

Synopsis

Appeal from the District Court of the Seventh Judicial District, County of Solano.

The plaintiffs had judgment enjoining the sale of certain land, and the defendants appealed.

By the Court,

Rhodes, J.: Motif n that the cause be placed on the calendar.

A cause will not be placed on the calendar, in accordance with the stipulation of the parties, except on compliance with the provisions of Rule- Fifteen. The transcript, and the briefs or points and authorities of both parties, must be filed before the Court will permit the cause to be placed upon the calendar on the stipulation of the parties. These facts must be shown when the motion is made-. They are not shown in this case-.

Motion denied.

Plant v. Smythe

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