Budd v. Drais

Decided July 1, 1875

California Supreme Court · decided 1875-07-01

The plaintiffs are attorneys at law, and brought an action to recover for legal services rendered for the defendants, who were husband and wife, and recovered judgment. The case was decided in 1870, when Mr. Justice Temple was on the bench, and is now reported, because referred to in the case of Drais v. Hogan, post, p. 121. The plaintiffs appealed from an order granting a new trial. The facts are stated in the opinion.

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Decided 1875-07-01

How this case has been cited

Cited by 4 later decisions — most recently December 1922

4 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, Temple, J.:

¶1The District Court granted a new trial, but the record does not show that a motion for new trial was ever made, nor is there an agreed or settled statement on such motion, or any affidavits, as required by the Practice Act. The transcript contains what purports to be a statement on motion for a new trial, but it is neither settled nor agreed to, nor does it contain any specifications whatever of the grounds upon which the moving party relies. The statement should have been disregarded for both reasons given.

¶2The order granting a new trial is reversed, and cause remanded.