9 Cal. 247
Decided July 1, 1858
California Supreme Court · decided 1858-07-01
<p>A failure to file a statement, setting forth the grounds upon which a party intends to rely, on motion for a new trial, operates as a waiver of the right to the motion.</p>
Cited by 3 later decisions — most recently October 1869
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1858-07-01
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¶1In this case no statement was filed setting forth the grounds upon which the defendants intended to rely on their motion for a new trial. The failure to file such statement operates as a waiver of the right to the motion. (Practice Act, sec. 195; Adams v. The City of Oakland, 8 Cal., 510.)
¶2The order granting a new trial is reversed, and the cause remanded.