Holquin

Holquin v. Allison

Good Law
1929 Cal. App. LEXIS 17·97 Cal. App. 126·274 P. 1037
Court of Appeal of CaliforniaFebruary 21, 1929Docket No. 6281.California1,127 words

Opinion

Lead Opinion

Craig, J.

On January 25, 1928, the petitioners herein were awarded a verdict in the sum of $4,000 damages against the respondents Daley Water Company, a corporation, and Augua Mansa Company, a corporation. On March 19, 1928, a motion for new trial was argued and submitted upon briefs, the plaintiffs being by stipulation allowed two days and the defendants one day thereafter in which to present their respective written arguments and authorities. It iq alleged by petitioners, and is not denied, that on January 25,1928, “judgment upon said verdict so rendered was thereupon entered in said cause in the presence of said parties and their respective counsel,” and that “thereafter, and in due time, defendants in said action served upon the petitioners herein” a notice of their intention to move the respondent court for a new trial. On March 26, 1928, the respondent court made its order granting the motion for a new trial. Thereafter petitioners moved to set aside the order last mentioned, upon the ground, it is averred, that the court was without jurisdiction to rule thereon after the expiration of two months from the date of the verdict of the jury, and demanded an execution upon said judgment,…

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