42 Cal. 362 | Cal. | 1871
This is an appeal by the plaintiff from an order granting defendants’ motion for a new trial, and also from an order denying plaintiff’s motion to vacate and set aside such order granting a new trial,
The record presented by the transcript discloses substantially the following state of facts:
The action was ejectment, and the verdict and judgment were in favor of the plaintiff, and against the defendants. In due time three of the defendants gave notice of their intention to move for a new trial, and subsequently prepared and filed their statement on such motion, which statement was certified by the Judge, as settled by him and correct, on the 12th day of May, 1870. This statement, as settled and
From this exhibit of the record it is apparent that the order of the Court below granting defendant’s motion for a new trial was prematurely and improvidently made.
The statement on motion for a new trial had not been engrossed. It was but a skeleton statement, with a simple reference to exhibits used in evidence on the trial, and instructions given and refused by the Court, which were deemed essential and necessary to illustrate the grounds of the motion specified in the statement. The motion for a
Orders reversed, and cause remanded for further proceedings on the motion for a new trial.