Reynolds v. Harris
California Supreme Court
Appear from the District Court of the Eleventh Judicial District, County of Placer. The appeal in this case having been dismissed on the ground that there was no properly authenticated statement or bill of exceptions, and a re-hearing being denied on the ground that the finding of the Court below was of itself no part of the record, unless embodied in a statement or bill of exceptions properly authenticated; and the appeal in this case being entitled to a hearing if the…
Read the full summary
Appear from the District Court of the Eleventh Judicial District, County of Placer. The appeal in this case having been dismissed on the ground that there was no properly authenticated statement or bill of exceptions, and a re-hearing being denied on the ground that the finding of the Court below was of itself no part of the record, unless embodied in a statement or bill of exceptions properly authenticated; and the appeal in this case being entitled to a hearing if the finding of the Court below is properly before this Court, and a review of the former opinion in this case being asked by…
1Opinion of the CourtBurnett, J.
We have been asked by several members of the bar, as amici curice, to review our opinion in this case denying the motion for a re-hearing. The question of practice .is one of great importance ; and as the remittitur has not yet been transmitted to the Court below, we most cheerfully accede to the request.
We have been referred to a number of decisions heretofore made by this Court, most of which have no bearing, direct or remote, upon the precise point involved. The precise question seems not to have been directly decided.
The one hundred and seventy-third section of the code requires the clerk…
2Cited by5 opinions
- Barnes v. SabronNevada Supreme Court · 1875
- Imperial Silver Mining Co. v. BarstowNevada Supreme Court · 1869
- Lucas v. City of San FranciscoCalifornia Supreme Court · 1865
- Howard v. RichardsNevada Supreme Court · 1866
- Williams v. RiceNevada Supreme Court · 1878