45 Cal. 669
Decided July 1, 1873
California Supreme Court · decided 1873-07-01
The plaintiff had judgment May 2d, 1872, in an action of ejectment, and the defendant moved for a new trial. On the eighth of May the statement was filed, and, amendments having been, proposed by the plaintiff, the Judge settled the statement on the fourteenth. On the sixteenth the statement was engrossed, and on the twenty-first an order was made staying all further proceedings on the judgment until after the hearing and determination of the motion.
Decided 1873-07-01
¶1We 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.
¶2Judgment affirmed. Order dismissing motion for a new trial reversed, and cause remanded for further proceedings on motion. Remittitur to issue forthwith.