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37 Cal. 337

Carrillo v. Smith

California Supreme Court

Decided July 1, 1869

California Supreme Court · decided 1869-07-01

This was an action of ejectment to recover a tract of land in the City of Sonoma, commenced April 2d, 1868. Trial by the Court, June 23d, 1868, and findings of fact filed the same day, and judgment for plaintiff. On the same day written notice of the filing of the findings served on the plaintiffs’ attorneys.

Decided 1869-07-01

By the Court, Sawyer, C. J.:

¶1Under section one hundred ninety-five the Court, or Commissioner, is authorized to extend the time for filing statement on motion for new trial twenty days in addition to the five or ten days given by the statute. Order reversed and cause remanded by consent of parties, with directions to the District Court to proceed and settle the statement and hear the motion for new trial, and remittitur directed to issue forthwith.

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