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MYERS v. J.H. DEGNAN, INC.

Docket No. 108.

205 Cal.App.2d 62 (1962)

22 Cal. Rptr. 777

ROBERT E. MYERS, Plaintiff and Appellant, v. J.H. DEGNAN, INC., Defendant and Respondent.

Court of Appeals of California, Fifth District.

June 25, 1962.

Attorney(s) appearing for the Case

Ralph Kaplan for Plaintiff and Appellant.

Brown & Tibbs and Stanley H. Tibbs for Defendant and Respondent.

CONLEY, P.J.

The plaintiff, Robert E. Myers, appeals from an order granting a new trial in an action for conversion.

At the outset, the appellant urges that the notice of motion for a new trial was filed too late and that therefore the court had no jurisdiction to pass on or grant the motion.

Section 659 of the Code of Civil Procedure at the time of the motion read as follows:

"The party intending to move for a new trial must file with the...

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