Hershey v. Kness

California Supreme Court
Hershey v. Kness, 75 Cal. 115 (Cal. 1888)
16 P. 548; 1888 Cal. LEXIS 489
Hayne

Hershey v. Kness

Opinion of the Court

Hayne, C.

All the appellant’s specifications were stricken from the transcript, for the reason that they were mere interpolations, and not a part of the statement as settled by the judge of the court below. This took away all right to be heard on the motion for new trial.

The appellant’s objections to the sufficiency of the complaint are without merit.

We therefore advise that the judgment and order be affirmed.

Foote, C., and Belcher, C. 0., concurred.

The Court.

For the reasons given in the foregoing opinion, the judgment and order are affirmed.

Reference

Full Case Name
D. N. HERSHEY v. A. KNESS
Cited By
3 cases
Status
Published
Syllabus
New Trial — Specifications. —Where there are no specifications, the party cannot be heard on motion for new trial.