Legal Opinion
Burdge v. Gold Hill & Bear Water Co.
California Supreme Court
Decided July 1, 1860PublishedCited by 2 opinions
Appeal from the Eleventh District. There was no statement on appeal, but a statement used on motion for new trial. The appeal was from the judgment alone.
1Opinion of the CourtField, C. J.
Baldwin, J. and Cope, J. concurring.
The statement contained in the record was used on the motion for a new trial, and we can only examine the action of the Court below in denying the motion. The judgment cannot be reviewed except through the order made upon the motion, and from such order there is no appeal. (Lower v. Knox, 10 Cal. 480.) This leaves the case to stand upon the judgment roll, and as this discloses no error, the judgment must be affirmed.
So ordered.
2Cases cited1 opinion
- Lower v. KnoxCalifornia Supreme Court · 1858
3Cited by2 opinions
- Williams v. RiceNevada Supreme Court · 1878
- Porter v. BrooksCalifornia Supreme Court · 1868