Simmons v. Goin (45 Cal. 669, 1873)

By the Court:

We discover no error in the record upon which the judgment should be reversed; but we think that there was no such want of diligence upon .the part of the defendant, Goin, in the prosecution of his motion for a new trial, as justified the Court below in dismissing it.

Judgment affirmed. Order dismissing motion for a new trial reversed, and cause remanded for further proceedings on motion. Remittitur to issue forthwith.