Newmire v. Schacht Consolidated Auto & Truck Co.

1 Citing case

  1. Biaggi v. Ramont

    189 Cal. 675 (Cal. 1922)   Cited 41 times
    In Biaggi v. Ramont, 189 Cal. 675 [ 209 P. 892], the court said: "On an appeal from an order granting a new trial the action of the trial court will not be disturbed if upon any hypothesis it can be sustained.

    [3] The proper way to have presented the matter, had either party deemed it of importance, would have been by a nunc pro tunc order made by the trial court, which could have been incorporated in the transcript here on a motion for a diminution of the record. ( Newmire v. Schacht etc.Truck Co., 22 Cal.App. 308, 310 [ 134 P. 336].) [4] The right of the lower court to correct the clerical omission of the clerk was not suspended or impeded by the appeal.