Barrett v. Tewksbury
California Supreme Court
Appeal from the Fourth District. The facts of the case are not stated, because, the opinion being put on a point of practice, the merits were not discussed, though in fact decided.
1Opinion of the CourtField, C. J.
Baldwin, J. and Cope, J. concurring.
The statement in this case is a mere transcript of the evidence, oral and documentary, used on the hearing in the Court below. It covers seventy-nine pages of the record, and does not set forth the grounds upon which the appellants rely on the appeal. In this respect, it fails to comply with the requirements of the statute. The specification of the grounds is the essential element of a statement; the evidence is the mere incident. It is the statement “ of the case,” and not of the evidence, which is to be annexed to the record of the judgment or order…
2Cited by8 opinions
- Hutton v. ReedCalifornia Supreme Court · 1864
- Griswold v. BoleyMontana Supreme Court · 1872
- Goss v. Board of CommissionersSupreme Court of Colorado · 1878
- Haggin v. ClarkCalifornia Supreme Court · 1865
- Weil v. PaulCalifornia Supreme Court · 1863
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