Caney v. Silverthorne

California Supreme Court
Caney v. Silverthorne, 9 Cal. 67 (Cal. 1858)
Burnett, Terry

Caney v. Silverthorne

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.

Reference

Full Case Name
CANEY v. SILVERTHORNE
Cited By
5 cases
Status
Published
Syllabus
A party failing to give notice, in time, of his intention to move for a new trial, or to file his statement in time, waives his right to move for a new trial.