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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