Opinion
[Syllabus Material] Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco.
Action to recover the sum of eight thousand dollars, alleged to have been loaned. The plaintiffs had the verdict of a jury in their favor. The evidence was conflicting. The defendant moved for a new trial, which was granted. The plaintiff appealed from the order granting a new trial.
COUNSEL
G. F. & W. H. Sharp, for the Appellants.
B. S. Brooks, for the Respondent.
OPINION By the Court:
We think the court below was mistaken in supposing that the oral evidence rejected contradicted the record. It only went to prove when the record was made.
The statement was filed and settled, which is the equivalent of " settled and filed."
Judgment and order reversed and cause remanded for a new trial.