The said motion will be made on the following grounds and for the following causes, to wit:

1. Insufficiency of the evidence to justify the verdict of the jury. 2. That said verdict of the jury is against law.

3. Errors in law occurring at the trial and excepted to by the defendant.

The said motion will be made upon a statement of the case hereafter to be prepared, certified, allowed, settled, and filed.

Dated April 21, 1907.

Everts & Ewing,

F. E. Cook,

Attorneys for defendant.

To said plaintiff, and to L. L. Cory and M. K. Harris, attorneys for plaintiff.

[Admission of service.]

Due service of the foregoing notice and receipt of a copy thereof are hereby acknowledged, this 20th day of April, 1907.

L. L. Cory, and

M. K. Harris,

Attorneys for plaintiff.

FORM No. 1217-Notice of presentation of bill of exceptions for settlement. [Title of court and cause.]

You are hereby notified, that the defendant will, on the

day of

judge of said court, at his chambers, defendant's proposed bill of exceptions, and plaintiff's proposed amendments thereto, for settlement and allowance.

C. D., Attorney for defendant.

To A. B., Attorney for plaintiff.

FORM No. 1218-Minute order denying motion for new trial.

(In Noyes v. Schlegel, 9 Cal. App. 516; 99 Pac. 726.)

[Title of court and cause.]

June 12, 1908.

In this cause the defendant, L. Schlegel, moved for a new trial on the following grounds, to wit: [Here the grounds are stated.]

Said motion was submitted for ruling thereon by the court; wherefore, it is ordered that the motion for a new trial be and the same is hereby denied.

FORM No. 1219-Court order denying motion for new trial.

(In Ellsworth v. Knowles, 8 Cal. App. 630; 97 Pac. 690.)

[Title of court and cause.]

Defendant's motion for new trial herein having been heretofore submitted to the court for consideration and decision, and the court, being informed in the premises, now orders that said motion be and the same is hereby denied.

In open court, December 30, 1907.

A. L. Rhodes, Judge of Superior Court.

FORM No. 1220-Conditional order granting new trial. (Minute entry.) (In Swett v. Gray, 141 Cal. 63; 74 Pac. 439.) 1

May 4, 1901.

[Title of court and cause.] The motion of defendant for a new trial, on the grounds set forth in his statement on said motion, and the amendments thereto, came on to be heard this 4th day of May, 1901, and upon the court's consideration thereof:

It is ordered, that a new trial be granted unless within ten days the plaintiff, in writing, remits all of the judgment in excess of $5,000; and if plaintiff shall remit the sum of $8,300 from the judgment within ten days, then, and in that case, the motion for a new trial will be denied.

FORM No. 1221-Minute entry permitting amendment to notice of intention to move for new trial, and denying motion for new trial upon amended notice.

(In Clapp v. Vatcher, 9 Cal. App. 462; 99 Pac. 549.)

Minutes Superior Court, Feb. 10, 1908.

[Title of court and cause.]

Defendant's motion to amend a notice of intention to move for a new trial is granted and amendment made.

1 From this order the plaintiff appeals from that part and portion thereof which provides that if plaintiff shall remit the sum of $8,300 from said judgment within ten days from the date of said order, then, in that event, the motion for a new trial will be denied. Plaintiff on the appeal asks "if the judgment be affirmed, that this [supreme] court designate and fix in its judgment and decision a reasonable time within which plaintiff may, if she shall desire so to do, make such remission as specified in said order of the said superior court": held, that such appeal was, in effect, a refusal by plaintiff to remit any portion of the judgment or abide by the terms of the order, and was an exercise of the plaintiff's option; further, that an appeal should not be permitted on the assumption that plaintiff has all to gain and nothing to lose by the course taken, the order being therefore affirmed: Swett v. Gray, 141 Cal. 63, 70, 74 Pac. 439.

Motion for a new trial made upon the ground set forth in the notice of intention is presented, and a new trial is denied defendant, to which ruling defendant duly excepts.

FORM No. 1222-Order dismissing motion for new trial for failure to prose

cute.

(In McFarland v. Matthai, 7 Cal. App. 599; 95 Pac. 179.)

[Title of court and cause.]

The motion of the above-named plaintiff for an order of this court to dismiss the motion of the above-named defendant for a new trial herein, for failure of the defendant to prosecute the said motion for a new trial, coming on regularly to be heard this 24th day of April, 1905, Messrs. Bell, York & Bell appearing on behalf of the defendants, and it appearing to the court that due notice of this motion to dismiss was duly and regularly served on the attorneys for the defendants herein, and it further appearing that the defendants have failed to prosecute the said motion for a new trial, and have failed and neglected to have the proposed statement on motion for a new trial settled and approved by this court, and have abandoned the motion for a new trial, and the said proposed statement for the motion for a new trial, for a period of three and one-half years, and all and singular the law and premises being by the court understood and considered, wherefore:

It is hereby ordered, that the motion of the defendant for a new trial in the above-entitled action, together with the proposed statement and amendments thereto, are, and each of them is, hereby dismissed.

Done in open court, this 24th day of April, 1905.

Henry C. Gesford,

Judge of the Superior Court.

FORM No. 1223-Notice of order dismissing motion for new trial.
(In McFarland v. Matthai, 7 Cal. App. 599; 95 Pac. 179.)

[Title of court and cause.]

To Theisen & Jung, Attorneys for the defendant:

Please take notice, that on the 24th day of April, 1905, in the above-entitled court and action, an order was duly made and entered

dismissing the motion of the defendant for a new trial in the aboveentitled action, and also the defendant's proposed statement on motion for a new trial, a true copy of which order is hereby annexed. Bell, York & Bell, Attorneys for the defendant.

[Copy of order annexed, as same appears in form No. 1222.]

Form of statement upon motion for a new trial: Harris v. Kellogg, 117 Cal. 484, 49 Pac. 708.

§ 502. APPEALS [AND WRITS OF ERROR] IN STATE COURTS. [References to Statutes.]

Alaska: Appeals and writs of error generally, Ann. Code C. C. P. 1907 (Carter), § 504 et seq.; laws regulating appeals and writs of error are generally the same as those obtaining in the federal courts, § 508.

Arizona: Appeals and writs of error generally, Rev. Stats. 1901, 1493 et seq.; petition for writ of error, ¶ 1499; bonds, ¶¶ 1501, 1506; supersedeas, ¶¶ 1510-1513; summons in error, ¶ 1502.

Arkansas: Appeals and writs of error generally, Dig. of Stats. 1904 (Kirby), §§ 1189-1201; parties, § 1202 et seq.; supsedeas, §§ 1216-1221; trial and determination, §§ 1223-1242.

California: Appeals in general, C. C. P. § 936 et seq.; notice, § 940; undertakings, §§ 941-945; alternative method of appeals, §§ 941a-941c; stay of proceedings, §§ 946, 949; undertakings in one instrument, § 947; papers on appeal, § 950 et seq.; hearing and determination, § 954 et seq.; appeals to supreme and district courts of appeal generally, code amendments C. C. P. 1880, p. 14, adding new chapters, superseding chapter II, part II, title XIII, as the same appears in the published codes.

Colorado: Appeals to supreme court generally, Rev. Stats. 1908, §§ 422, 441; bond, §§ 422, 430; supersedeas, § 437; scire facias, §§ 439, 440.

Hawaii: Appeals and error generally, § 1858 et seq.; bonds, § 1859; arrest of judgment, § 1861; writ of error, § 1874; cost bond upon writ of error, § 1876; form of writ of error, § 1879, as follows:

FORM No. 1224-Writ of error. (Hawaii statutory form.)

Supreme court of the territory of Hawaii.

A. D., plaintiff in error,

V.

E. H., defendant in error.

was plaintiff, and

To M. N., Clerk, etc. [of the court addressed]: Whereas, in an action pending before the court for the judicial circuit, in which defendant, error is alleged to have occurred, as appears by the assignment of errors on file in this court. You are commanded forthwith to send up to this court the record and all exhibits filed in said proceedings.

R. Y., Clerk. Idaho: Notice of appeal, Rev. Code C. P. 1908, § 4808; undertaking, § 4809; supersedeas, § 4810; stay of proceedings, §§ 4814, 4817; undertakings in one instrument, § 4815; papers on appeal, § 4818

et seq.

Iowa: Appeals from orders, Code 1897, § 4101; intermediate orders, § 4103; motion to correct error, § 4105; review in the supreme court, § 4107; notice, § 4114; abstracts of the record, § 4118; transcripts, § 4122; supersedeas bonds, § 4128; bonds and security, §§ 4132-4135.

Kansas: Error in civil cases, Gen. Stats. 1905 (Dassler), § 5465 et seq.; parties, § 5468; parties to case-made and error proceedings, § 5468; summons on petition in error, §§ 5477, 5478; case-made, §§ 5480-5482; stay and supersedeas bond, § 5485; undertakings generally, §§ 5486-5489; bond to stay execution, § 5502; vacating and modifying judgments and orders, §§ 5503-5515.

Minnesota: Appeals generally, Rev. Laws 1905, § 3457 et seq.; notice, § 4359; bond for costs, § 4366; supersedeas, §§ 4367, 4368; delivery of chattels, or directing conveyances, §§ 4369, 4370; supersedeas where sale of real property is directed, § 4371; stay of proceedings, § 4372; bond to vacate stay, §§ 4374, 4375.

Missouri: Appeals, when granted, Ann. Stats. 1906, § 806; par ties, § 807; time, § 808; bond to stay execution, §§ 809, 810, 849; costs, § 813; writ of error, § 635; stay of execution thereon, § 849; cross appeals, § 876.

Montana: Undertaking on appeal generally, C. C. P. 1895, § 1725; to stay execution, § 1726; undertaking where the judgment directs the delivery of documents, etc., § 1727; or the execution of a conveyance, § 1728; or the sale or delivery of possession of real

Jury's Pl.-121.