¶1The stipulation signed by the plaintiff in person goes for nothing. He had at the time an attorney of record who, as such, had the exclusive management and control of the case. (Board of Commissioners v. Younger, 29 Cal. 149.) The temporary absence of the attorney from the county at the *73time the stipulation of plaintiff was obtained does not affect the rule in this respect or operate the displacement of the attorney of record. It results that the statement, being filed too late, must be disregarded, and, no error appearing on the judgment roll, the judgment and order denying new trial are affirmed. '
45 Cal. 72
Mott v. Foster
Decided July 1, 1872
California Supreme Court · decided 1872-07-01
Judgment in ejectment was entered for the plaintiff June 22d, 1872. Notice of intention to move for a new trial was filed by the defendant July 1st, 1872. On the 5th of July the plaintiff signed a stipulation agreeing that the defendant should have until July 8th in which to file his statement on motion for a new trial, the plaintiff’s attorney being temporarily absent from the county.
Relies on Board of Commissioners (No. 2) v. Younger
Good law ✅— No negative treatment on recordhow we know
Decided 1872-07-01
How this case has been cited
Cited by 10 later decisions — most recently May 1956
1 district · 9 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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