Smith v. Davis
California Supreme Court
Appeal from a judgment for the defendants, and from an order denying a new trial, in the Eighteenth District Court, County of San Bernardino.
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Appeal from a judgment for the defendants, and from an order denying a new trial, in the Eighteenth District Court, County of San Bernardino. McNealt, J. The transcript contains the original draft of a statement proposed by the plaintiff, amendments proposed by the defendants, and counter-amendments proposed by the plaintiff; and the following certificate of the «Tudge: “The foregoing amendments proposed by defendant are allowed, and the further proposed amendment by plaintiff is also allowed; and said statement of plaintiff as amended is hereby settled as correct. W. T. McNealy, District…
1Opinion of the Court
By the Court (from the Bench) :
In this cause there is no statement on motion for a new trial which this Court is authorized to consider.
It appears that the proposed statement and amendments were allowed by the Judge of the Court below, but the statement and amendments were never engrossed and authenticated by the signature of the Judge.
Such documents, not engrossed into one, and attested by the signature of the Judge, have never been regarded as the statement required by law, and have never been considered by this *28Court on appeal. (Baldwin v. Ferre, 23 Cal. 461.) The order denying the motion…
2Cases cited1 opinion
- Baldwin v. FerreCalifornia Supreme Court · 1863
3Cited by2 opinions
- Sawyer v. SargentCalifornia Supreme Court · 1884
- Hattabaugh v. VollmerIdaho Supreme Court · 1896