Carrillo v. Smith (1869) · DecisionDepot

Carrillo v. Smith

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

California Supreme Court Apr 9, 1869 No. No. 2039Published

Before: Crockett, Rhodes, Sanderson, Sawyer, Sprague

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Holding. The court held that under section 195, a court or commissioner has the authority to extend the time for filing a statement on a motion for a new trial by twenty days beyond the statutory period.

Issues

Whether section 195 authorizes an extension of time for filing a statement on a motion for a new trial.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“Under section 195 the court or commissioner is authorized to extend the time for filing statement on motion for new trial twenty days in addition to the five or ten days given by the statute.”

Synopsis

APPEAL from Seventh Judicial District, Sonoma County.

SAWYER, C. J. Under section 195 the court or commissioner is authorized to extend the time for filing statement on motion for new trial twenty days in addition to the five or ten days given by the statute. Order reversed, and cause remanded by consent of parties with directions to the district court to proceed and settle the statement and hear the motion for new trial, and remittitur ordered to issue forthwith.

We concur: Rhodes, J.; Sprague, J.; Sanderson, J.; Crockett, J.

Carrillo v. Smith

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