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Wing v. Owen

9 Cal. 247 Court Cal. English

Delivered by Field, J., delivered the opinion of the Court—Terry, C. J., concurring.

Contents

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p. 247
WING v. OWEN et al.

Headnote

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.
Appeal from the District Court of the Seventh Judicial District, County of Solano.
John Currey for Appellant.
Whitman & Wells for Respondents.

In 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 .)

The order granting a new trial is reversed, and the cause remanded.