Wright v. Snowball
California Supreme Court Jul 1, 1873 No. No. 3,619Published
Synopsis
Notice op Motion pob NeW Trial.—Where notice of intention to move for a new trial is not given to the adverse party, nor waived hy appearance or otherwise, an order denying the new trial cannot be reviewed on appeal.
By the Court: The appéal is taken only from the order denying the plaintiff’s motion for a new trial. It nowhere appears that a notice of intention to move for a new trial was given, by the appellant or waived by the respondent by appearance to the [655]motion, or in any other manner, and it is objected, and we think well objected, by the respondent, that in the absence of such a notice or waiver, the order denying a new trial cannot be reviewed here.
Order affirmed.
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