Green v. Doane

Full title: GREEN v. DOANE

Court: Supreme Court of California

Date published: Apr 1, 1860

15 Cal. 303 (Cal. 1860)

Opinion

15 Cal. 303 GREEN v. DOANE Supreme Court of California April, 1860

         The same point with reference to a motion for a new trial above is decided in this case.

         JUDGES: Field, C. J., delivered the opinion of the Court. Baldwin, J., and Cope, J., concurring.

         OPINION

         FIELD, Judge

         The appeal in this case is from the order refusing a new trial, and from the final judgment. The motion for the new trial was refused on the application of the plaintiff, no one appearing on behalf of the defendant in its support. The failure thus to prosecute was a virtual abandonment of the motion, and the order made thereon was not, upon the authority of Mahoney v. Wilson, ante 42, and of Frank v. Doane, ante 302, a subject of review in this Court. Upon the appeal from the final judgment, there is no statement, and the case before us rests, therefore, upon the judgment roll, and as this discloses no error, an affirmance of the judgment must follow; and such affirmance is ordered.