Rossi

Rossi v. Scott, Magner & Miller

Good Law
1919 Cal. App. LEXIS 526·41 Cal. App. 646·183 P. 263
Court of Appeal of CaliforniaJune 18, 1919Civ. No. 2795.California1,063 words

Opinion

Lead Opinion

Haven, J.

Defendant appeals from a judgment entered against it upon verdict of a jury in an action for damages for personal injuries, basing its appeal upon the judgment-roll and a bill of exceptions. Respondents make the preliminary objection that the bill of exceptions cannot be considered upon the appeal for the reason that it was not prepared and settled within the time prescribed by law. The record, as it appears from the recitals in the bill of exceptions, is as follows: A motion for a new trial was made by the appellant, which was denied. Written notice of the denial of said motion was served upon appel lant’s attorneys on January 30, 1918. The proposed bill of exceptions was served upon respondents’ attorneys on April 4, 1918. At the time of such service respondents’ attorneys reserved their objection thereto upon the ground that said bill had not been prepared or served within the time allowed by law, or any extension thereof. Thereafter, and within the time allowed by law, respondents prepared and served upon appellant’s attorneys their proposed amendments to said bill of exceptions, and in submitting such amendments again objected and excepted to the settlement of the bill, and…

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