Sharp v. Miller

Decided November 14, 1884

California Supreme Court · decided 1884-11-14

When the cause was before the appellate court, heretofore (54 Cal. 829), the court reversed the judgment and order denying the motion for a new trial, but did not remand it for further proceedings. Subsequently the plaintiff filed an amended complaint, and the defendant asked that it be stricken from the files; which motion was denied, and the defendant appealed from that order.

Relies on Stearus v. Aguirre

Good law ✅— No negative treatment on recordhow we know

Decided 1884-11-14

How this case has been cited

Cited by 12 later decisions — most recently March 1962

12 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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The Court

¶1-The order appealed from in this case is not appealable. The appellant contends that it is a special order made after final judgment. The judgment formerly rendered was reversed, and there was no judgment in the cause, when the order appealed from was made. The reversal of the judgment and order denying (lie motion for a new trial when the cause was here before (see 54 Cal. 829), placed the parties in the lower court in the same position as if the case had never been tried, with the exception that the opinion of this court must be followed so far as applicable in the new trial. (Stearns v. Aguirre, 7 Cal. 447.)

¶2Appeal dismissed.