Bates v. Gage (1874) · DecisionDepot

Bates v. Gage

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

California Supreme Court Jul 1, 1874 No. No. 3,843Published

Before: McKinstry

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Holding. The court dismissed the appeal from the judgment because it was not filed within the one-year statutory period and affirmed the order denying a new trial.

Issues

Whether the appeal from the judgment was timely filed under Section 336 of the Practice Act.
Whether the trial in an equity case is terminated upon the rendering of an advisory jury verdict.

Disposition. Appeal from judgment dismissed and order denying a new trial affirmed.

Quotations verified verbatim against the opinion

“The appeal from judgment was not taken within one year after the judgment was entered.”

“In an equity case, where all the issues are not passed on by the jury, the trial is not terminated when the verdict is rendered”

Synopsis

Appeal from a Judgment.—An appeal from a judgment must be taken within one year from the time the judgment is entered.

Time to Move for anew Trial in Equity Case.—In an equity case, when the special issues are submitted to a jury, and they find thereon, and the Court afterwards renders a judgment, the party against whom the judgment is rendered, if he wishes to have the findings of fact reviewed on a motion for a new trial, must wait until the judgment is rendered by the Court before giving notice and moving for a new trial.

Findings of Jury in Equity Case.—The findings of a jury on special issues submitted in an equity case are merely advisory to the Court, and if adopted by it, are the findings of the Court.

End of Trial in Equity Case.—In an equity case where special issues are submitted to a jury, the trial is not terminated when they render a verdict, but when the Court renders a judgment.

By the Court, McKinstry, J.: The appeal from judgment was not taken within one year after the judgment was entered. (Prac. Act, Sec. 336.)

No motion for a new trial was made after the decision of the Court below was rendered. A portion only of the issues raised by the pleadings were submitted to a jury. The verdict was but advisory, so that all the issues were determined by the Court. In an equity case, where all the issues are not passed on by the jury, the trial is not terminated when the verdict is rendered, and the special verdict is to be regarded as a portion of the findings of the Court.

The view we have taken is not in conflict with Allen v. Hill (16 Cal. 113), nor with Ellsassar v. Hunter (26 Cal. 284), cited by respondent.

Appeal from judgment dismissed and order denying a new trial affirmed.

Neither Mr. Justice Rhodes nor Mr. Justice Niles expressed an opinion.

Bates v. Gage

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