Wright v. Snowball

45 Cal. 654 | Cal. | 1873

By the Court:

The appéal is taken only from the order denying the plaintiff’s motion for a new trial. It nowhere appears that a notice of intention to move for a new trial was given, by the appellant or waived by the respondent by appearance to the motion, or in any other manner, and it is objected, and we think well objected, by the respondent, that in the absence of such a notice or waiver, the order denying a new trial cannot be reviewed here.

Order affirmed.