LEGG v. MUTUAL BENEFIT HEALTH AND ACCIDENT OF OMAHA (1955)

District Court of Appeal, Second District, Division 2, California.

Ethel Leona LEGG, Plaintiff, Respondent and Cross-Appellant, v. MUTUAL BENEFIT HEALTH AND ACCIDENT OF OMAHA, Defendant, Appellant and Cross-Respondent.
Leona Ethel LEGG, Plaintiff and Appellant, v. MUTUAL BENEFIT HEALTH AND ACCIDENT OF OMAHA, an association, and United Benefit Life Insurance of Omaha, a company, Defendants and Respondents.

Nos. 20687, 20952.

Decided: November 30, 1955

Leona Ethel Legg, pro. per. J. Edward Haley, Los Angeles, for respondent.

In its petition for rehearing defendant-appellant Mutual Benefit for the first time attacks the sufficiency of the notice of motion for new trial to raise the issue of the sufficiency of the evidence to support the verdict. It does not appear that any objection to the asserted defect was urged in the trial court. Bauer v. Helene Curtis Industries, Inc., 117 Cal.App.2d 66, 68–69, 254 P.2d 931, and it is now too late to raise the point for the first time. Nittler v. Continental Casualty Co., 94 Cal.App. 498, 506, 271 P. 555, 272 P. 309—opinion on denial of rehearing.

Rehearing denied.

PER CURIAM.

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