[DOWNLOAD] "Cella v. Cosgro" by Second Appellate District, Division One District Court Of Appeal Of California " eBook PDF Kindle ePub Free
eBook details
- Title: Cella v. Cosgro
- Author : Second Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 09, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Victor Vincent Kientz, as plaintiff in the trial court, filed an action against Arthur ODell Harris, wherein he sought damages for the alleged wrongful death of Ruth Evelyn Kientz. On November 17, 1952, a judgment was entered in the action that plaintiff recover the sum of $25,000. Notice of entry of judgment was, after service, filed on November 22, 1952. It was received by counsel for the appellant on November 22d. Notice of intention to move for a new trial was filed on behalf of defendant, appellant here. It was stamped as having been filed December 5th. It had actually been received at the office of the clerk on December 1st. That official, noting that no fee had been forwarded with the notice and being, as he states in his affidavit filed with this court, in doubt as to his legal right to stamp the paper as filed on that date without payment of the filing fee, did not stamp the notice as filed, but immediately mailed to counsel for appellant his invoice acknowledging receipt of the notice and requesting the filing fee. On December 5th the clerk received from counsel for the appellant, again through the mail, a check for the fee and on that day stamped the notice as filed. Section 659 of the Code of Civil Procedure, so far as material here, provides that a party intending to move for a new trial must within 10 days after receiving written notice of the entry of judgment "file with the clerk" and serve a notice of his intention to so move. The section further provides that the specified time shall not be extended by order or stipulation. It is to be noted that if the notice of