California Supreme Court, 1858

Caney v. Silverthorne

Caney v. Silverthorne
California Supreme Court · Decided July 1, 1858 · Burnett, Terry
9 Cal. 67

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.

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