Church Manufacturing Co. v. Superior Court

Petitioner was plaintiff in an action in respondent court and procured judgment against the defendant. On December 31, 1925, petitioner here, plaintiff there, served upon the defendant in the action notice that the judgment had theretofore been entered. In due time thereafter the defendant served upon petitioner a notice of intention to move for a new trial of the action, and respondent court on March 1, 1926, made its order purporting to grant a new trial. February 28, 1926, fell on a Sunday. Petitioner filed in this court its petition asking for the writ of review for the purpose of annulling the order attempting to grant a new trial. The writ issued and respondent interposed demurrer to- the petition.

Section 660 of the Code of Civil Procedure contains the following: “The power of the court to pass on motion for a new trial shall expire within two months after the verdict of the jury or service on the moving party of notice of the entry of the judgment. If such motion is not determined within said two months, the effect shall be a denial of the motion without further order of the court:” Subdivision 4 of section 17 of the same code reads: “The word ‘month’ means a calendar…