Budd v. Drais (1870) · DecisionDepot

Budd v. Drais

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

California Supreme Court Oct 11, 1870 No. No. 2279Published

Before: Crockett, Rhodes, Sprague, Temple, Wallace

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Holding. The court reversed an order granting a new trial because the record lacked a motion for a new trial, a settled or agreed statement, and specifications of the grounds for the motion as required by the Practice Act.

Issues

Whether a new trial was properly granted absent a motion, a settled statement, and specifications of grounds as required by the Practice Act.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“The order granting a new trial is reversed, and cause remanded.”

“The statement should have been disregarded, for both reasons given.”

Synopsis

APPEAL from Fifth Judicial District, San Joaquin County.

TEMPLE, J. — '-The district court granted a new trial, but the record does not show that a motion for a new trial was [638]ever made, nor is there an agreed or settled statement on such motion, or any affidavits, as required by the Practice Act. The transcript contains what purports to be a statement on motion for a new trial, but it is neither settled nor agreed to, nor does it contain any specifications whatever of the grounds upon which the moving party relies. The statement should have been disregarded, for both reasons given.

The order granting a new trial is reversed, and cause remanded.

We concur: Rhodes, C. J.; Wallace, J.; Crockett, J.; Sprague, J.

Budd v. Drais

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