Simmons v. Goin
California Supreme Court
Simmons v. Goin, 45 Cal. 669 (Cal. 1873)
Simmons v. Goin
Opinion of the Court
We discover no error in the record upon which the judgment should be reversed; but we think that there was no such want of diligence upon .the part of the defendant, Goin, in the prosecution of his motion for a new trial, as justified the Court below in dismissing it.
Judgment affirmed. Order dismissing motion for a new trial reversed, and cause remanded for further proceedings on motion. Remittitur to issue forthwith.
Reference
- Full Case Name
- SIMMONS c. GOIN
- Status
- Published
- Syllabus
- Diligence in Prosecuting Motion for New Trial.—If a judicial district is composed of several counties, and a statement on motion for a new trial is made and settled in one of these at the same term the judgment was rendered, the motion is prosecuted with diligence if brought to a hearing at the next term held in the county where judgment was rendered, although two terms may have intervened in other counties in the same district.