Reports of Cases Determined in the Supreme Court of the State of California (Volume 24 ) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1906 Excerpt: ... Sebastlan Munch v. James Willlamson et al. There are other matters set up in the answer which may, perhaps, constitute a good defense; but they do not appear, from the transcript, to have been proved. But no point is made on these matters, and we do not pass upon them. Judgment reversed and the cause remanded for further proceedings. SEBASTIAN MUNCH, Administrator, Etc. V. JAMES WILLIAMSON And CHARLES COVILLAUD. N-w Trial--Waives Of.--if the statement, on application for a new trlal, is filed more than five days after the filing and service of the notice, the right to move for a new trlal is waived, unless it appear from the transcript that the objection to the' failure to file the statement in season has been waived by the opposite party, either expressly or by implication. Order Of Court Extending Time.--The following is a copy of the order of the Court in denying the application for a new trlal: "Now, on this day, in open Court, comes on to be heard defendants' motion for a new trlal; and thereupon, after having heard the arguments of counsel, the Court overrules the same, to which ruling of the Court defendants, by counsel, except." Held, that the order did not show an appearance of the counsel of the plaintiff at the argument of the motion, and, therefore, did not show a waiver of the objection to the filing of the statement. Waiver--Proof Of.--The party who claims the benefit of a waiver of the failure to file a statement in due time must prove it beyond doubt, and not leave it to be ascertained by conjecture or doubtful inference. Scit Kt Administrator.--One in the possession of personal property ae administrator can bring an action in his own name against a wrongdoer for its wrongful conversion without setting forth in the complaint his officla...