Carton Corporation v. Superior Court

A petition for a writ of mandate directing the Superior Court in and for the County of Alameda to hear and determine a motion for a new trial.

It appears that in an action pending in respondent Court issues of fact are raised by the pleadings; that the cause having come on for trial, evidence was adduced by the plaintiff (who is the petitioner here) in support of the allegations of its complaint, and that upon the conclusion of the latter’s ease a motion by the defendant for a nonsuit, on the ground that plaintiff had failed to prove a sufficient case for the jury, was granted. Thereafter and within the time provided by statute petitioner served and filed a notice of intention to move for a new trial upon the minutes of the Court and the pleadings and papers filed in the action, stating as one of the grounds therefor errors of law occurring at the trial and excepted to by plaintiff. Therewith was served a notice of the time and place of making the motion. Defendant thereafter moved to strike from the files the notices mentioned, which motion was granted.

It is urged by respondent that the facts stated do not bring petitioner’s motion within the purview of the statute providing…