Opinion
Department Two Rehearing (Denied, Granted) 56 Cal. 610 at 612.
Appeal from an order granting a new trial, in the Sixth District Court, County of Sacramento. Denson, J.
After the decision in Department, the respondent filed his petition that the appeal be reheard in Bank, and the application was denied.
COUNSEL:
O'Brien & Hodgdon, for Appellant.
L. S. Taylor, and D. W. Welty, for Respondent.
JUDGES: Myrick, J. Thornton, J., and Sharpstein, J., concurred.
OPINION
MYRICK, Judge
In Bank, on rehearing. The respondent filed a petition for rehearing in Bank, and thereupon the following order was made by the Court in Bank:
The Court:
This case was heard before Department Two, and an opinion was filed December 20th, 1880, reversing the order of the Court below granting a new trial. It now comes before us, on petition that the cause be heard in Bank; and our attention is called to the fact that an important point was not passed upon by the Department; viz., that no objection was made in the Court below to the statement on motion for a new trial, and that it is too late to urge the objection on the appeal. It may be conceded that that proposition is correct. We have, however, examined the transcript in the case, and find nothing in it which justified the granting of a new trial. It does not contain the evidence, and shows no error in the District Court, which justified that Court in setting aside its judgment. The hearing in Bank is therefore denied, and the order appealed from will stand reversed.