What is the effect of a failure to file a motion for a new trial or for relief under section 473 of the Code of Civil Procedure?

California, United States of America


The following excerpt is from Barber's Estate, In re, 315 P.2d 317, 49 Cal.2d 112 (Cal. 1957):

In the instant case, the appellant's right to appeal was not lost by the failure to file a motion for a new trial or for relief under section 473 of the Code of Civil Procedure. In Mattox v. Isley, 111 Cal.App.2d 774, 780, 245 P.2d 664, 668, it is said:

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