People v. Bartlett
California Supreme Court
APPLICATION for a writ of mandamus to issue to the Clerk of the District Court of the Fourth Judicial District of the State of California, in and for the City and County of San Francisco. The other facts are stated in the opinion.
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APPLICATION for a writ of mandamus to issue to the Clerk of the District Court of the Fourth Judicial District of the State of California, in and for the City and County of San Francisco. The other facts are stated in the opinion. The ground of the relator’s appeal is, that when the Court granted Bagley a new trial, it did not have any statement before it upon which in law it was authorized to act, because the exhibits upon which the relator’s defence was founded, and the judgment rendered, were not copied in the statement, or in possession of the Court. Without discussing the merits of…
1Opinion of the Court
Bhodes, C. J.,
delivered tbe opinion of tbe Court, Temple, J., Cbockett, J., and Wallace, J., concurring:
In tbe action of Bagley v. Sharp, tbe defendant having recovered a verdict, tbe plaintiff moved for a new trial; and a new trial having been granted, tbe defendant appealed from that order. The defendant filed a statement on appeal, and in bis statement, reference is made to tbe plaintiff’s statement on new trial, and it is directed to be, but is not in fact, inserted therein; in other words, tbe statement on appeal, isa skeleton statement. In preparing bis transcript on appeal, tbe…
2Cases cited1 opinion
- Kimball v. SempleCalifornia Supreme Court · 1867
3Cited by2 opinions
- Lapique v. KellyCalifornia Court of Appeal · 1924
- Moore v. TaylorIdaho Supreme Court · 1875