gno.law

Caney v. Silverthorne

California Supreme Court · · 1858-07-01 · Published · 9 Cal. 67

CANEY v. SILVERTHORNE

Area
civil
Panel
Lawrence F. Terry, Albert G. Burnett

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Burnettterry

Burnett, J., delivered the opinion of the Court—TERRy, C. J., concurring.

The defendant, having failed to give notice of his intention to move for a new trial, or to file his statement within the time *68limited by the statute, lost his right to move for a new trial. (Practice Act, § 195.)

There is no statement on appeal; the statement for new trial not having been filed in time, is not properly a part of the record. We can only look at the judgment-roll; which, being regular on its face, judgment is affirmed, with costs.

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