From Casetext: Smarter Legal Research

Brady v. O'Brien

Supreme Court of California
Oct 1, 1863
23 Cal. 244 (Cal. 1863)

Opinion

         Appeal from the District Court, Tenth Judicial District, Yuba County.

         COUNSEL:

         Henry K. Mitchell, for Appellant.

          Rowe & Goodwin, for Respondent.


         JUDGES: Crocker, J. delivered the opinion of the Court. Norton, J. concurring.

         OPINION

          CROCKER, Judge

         This is an appeal from an order granting a new trial. It is urged that the statement and notice of motion for a new trial are defective in not setting forth, specifically, the grounds of the motion. The record does not show that any objection was made on this ground in the Court below, which should have been done, to enable us to review the action of the Court. If the objection had been made there, probably the Court would have allowed an amendment in that respect; or the parties may have consented to waive that objection. Error will not be presumed, but must be clearly shown by the record. If the objection had been made on that ground, in a proper mode, and the Court had overruled it, then such action could have been reviewed by this Court on appeal.

         The order is affirmed.


Summaries of

Brady v. O'Brien

Supreme Court of California
Oct 1, 1863
23 Cal. 244 (Cal. 1863)
Case details for

Brady v. O'Brien

Case Details

Full title:BRADY v. O'BRIEN

Court:Supreme Court of California

Date published: Oct 1, 1863

Citations

23 Cal. 244 (Cal. 1863)

Citing Cases

Bolton v. Stewart

The language of the decision is as follows: " When the motion for a new trial is founded entirely upon…