Wright v. Snowball

California Supreme Court
Wright v. Snowball, 45 Cal. 654 (Cal. 1873)

Wright v. Snowball

Opinion of the Court

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 *655motion, 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.

Reference

Full Case Name
WRIGHT v. SNOWBALL
Cited By
4 cases
Status
Published
Syllabus
Notice op Motion pob NeW Trial.—Where notice of intention to move for a new trial is not given to the adverse party, nor waived hy appearance or otherwise, an order denying the new trial cannot be reviewed on appeal.