18 P. 330 | Cal. | 1888
This is an appeal from a judgment dismissing a cause for the want of prosecution. From the affidavits in the transcript, which are mutually agreed, by the joint certificate of counsel on both sides, to have been those used on the hearing of the notice, it is apparent that the cause was tried before Judge Allen, but that no findings were ever waived or filed; that after some delay the plaintiff, against whom the judge announced that he should give judgment, endeavored to have the judgment entered, that an appeal might be taken; that the clerk of the court very properly refused to do so; that afterward, upon the substitution of an attorney for the defendant, a motion for a new trial which had been made was dismissed, which was followed by a motion to reinstate the ease upon the calendar for trial, to which the defendant responded by a counter-motion to dismiss for the want of prosecution—no notice of decision ever having been
We concur: Belcher, C. C.; Hayne, C.
For the reasons given in the foregoing opinion the judgment is reversed.