Isleton Canning Co. v. Superior Court

This is an application for a writ of prohibition to stop the respondent court from settling a bill of exceptions in the case of Hechtman v. Isleton Canning Co. the basic case was tried before the court sitting with a jury. The jury returned a verdict in favor of the plaintiff and a judgment was entered thereon. Written notice of the entry of the judgment was given by the plaintiff to the defendant August 23, 1929. The defendant did not give the plaintiff a written notice of the entry of the judgment. On September 18, 1929, the plaintiff served a notice of intention to move for a new trial. September 27, 1929, the defendant made a motion to strike said notice from the files. Apparently at the same time the trial court heard the motion for a new trial. Whether it made any order on the motion to strike does not appear, but it does appear that the trial court denied the motion for a new trial. On October 31, 1929, the plaintiff served a notice of appeal. The defendant asserts that the plaintiff’s notice of intention to move for a new trial came too late and that it is a nullity. Continuing, it claims that the notice of appeal also came too late and that it is a nullity and therefore…