Leffingwell v. Griffing

Decided July 1, 1865

California Supreme Court · decided 1865-07-01

The plaintiff recovered a money judgment in the Court below, and defendant filed a statement on motion for a new trial. Notice was given for a settlement of the statement on a day named, but before the time defendant paid the judgment, and plaintiff’s attorney entered a satisfaction. Neither party appeared at the time named for a settlement of the statement.

Relies on Haggin v. Clark

Good law ✅— No negative treatment on recordhow we know

Decided 1865-07-01

How this case has been cited

Cited by 5 later decisions — most recently March 1909

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court, Shafter, J.

¶1This appeal is from an order overruling plaintiff’s objections to defendant’s motion for settlement of a statement on motion for new trial, and ordering said statement to be settled.

¶2The order is not appealable. It was made in the course of proceedings taken with a view to a new trial, and is no more the subject of appeal than the order made in the course of the same proceedings fixing the 13th of February, 1865, as the day for settling the statement.

¶3Further, there is no specification of grounds in the statement accompanying the appeal. The appeal is not based alone upon the affidavit contained in the record, but upon the affidavit aided, by a statement of facts aliunde, and is within the principle of Haggin v. Clark, 28 Cal. 162.

¶4The appeal is dismissed.