Todd v. Winants
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action of ejectment. The plaintiffs appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Rhodes, J. :.The appeal is from a judgment of nonsuit and the order denying the motion for a new trial. The transcript on appeal consists of the statement on motion for a new trial, and a stipulation that the motion was denied, that the appeal was duly taken and perfected, and “that the foregoing transcript is correct.” The respondents make the point that, as the transcript does not contain the pleadings, the Court cannot ascertain whether the Court below erred in granting the nonsuit, and therefore must affirm the judgment.
Without the pleadings or a statement of the issues upon…
2Cases cited1 opinion
- McQuade v. WhaleyCalifornia Supreme Court · 1866
3Cited by10 opinions
- Leonard v. ShawCalifornia Supreme Court · 1896
- Carver v. San Joaquin Cigar Co.California Court of Appeal · 1911
- People v. New York Indemnity Co.California Court of Appeal · 1931
- Evans v. GlencrossArizona Supreme Court · 1894
- Ex parte HernándezSupreme Court of Puerto Rico · 1914
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