What is the effect of a motion for a new trial upon the finality of a judgment?
federal, United States of America
The following excerpt is from Sharon v. Hill, 26 F. 337 (U.S. Cir. Ct., D. Cal. 1885):
The supreme court of California has also recently determined the effect of a motion for a new trial upon the finality of a judgment, under the practice in California, in Gillmore v. American Cent. Ins. Co., 65 Cal. 65, 66, the last volume published; S.C. 2 P. 882. The court says:
'Although no appeal had been taken from the judgment within statutory time, proceedings were pending upon a motion made by the defendant in the case to vacate the judgment and grant a new trial. That motion subjected the judgment to be reversed and made it liable to be set aside. The judgment was therefore not final, in the sense of the stipulation as to the right of the parties affected by it, and could not become so until the motion for new trial had been disposed of. Hill v. Sherwood, 33 Cal. 474. While proceeding are pending for the review of a judgment, either on appeal or motion for a new trial, the litigation on the merits of the case between the parties is not ended; there is no finality to the judgment in the sense of a final determination of the rights of the parties, though it may have become final for the purposes of an appeal from it.'
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