California Supreme Court, 1858

Caney v. Silverthorne

California Supreme Court · Decided July 1, 1858 · Burnett, Terry

9 Cal. 67

Cases that cite this one

5 later published cases cite this decision.

Louder v. Hunter (S.D. 1911)
Washington & Idaho Railroad v. Osborne (Idaho 1889)
Kerns v. Dean (Cal. 1885)
Campbell v. Jones (Cal. 1871)
Purdy v. Steel (Idaho 1868)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.