People v. Empire Gold & Silver Mining Co.
California Supreme Court
Appeal from the District Court, Sixteenth Judicial District, Mono County. This was an action instituted under the General Revenue Laws for the recovery of State and county delinquent taxes, levied upon the defendants in Mono County, for the fiscal year A. D. 1866. The defendants, upon their first appearance in the action, moved to strike out portions of plaintiffs’ complaint.
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Appeal from the District Court, Sixteenth Judicial District, Mono County. This was an action instituted under the General Revenue Laws for the recovery of State and county delinquent taxes, levied upon the defendants in Mono County, for the fiscal year A. D. 1866. The defendants, upon their first appearance in the action, moved to strike out portions of plaintiffs’ complaint. The motion, which was in writing, described the portions sought to be stricken out in these .terms, to wit: “ Every allegation and expression therein contained, (complaint,) showing and alleging the valuation of…
1Opinion of the Court
By the Court; Sawyer, J.:
The Clerk’s minutes of the trial are no part of the transcript on appeal. The matters therein contained could only be made a part of the record on appeal in the mode prescribed by the Practice Act. (Moore v. Del Valle, 28 Cal. 174; Harper v. Minor, 27 Cal. 107; Abbott v. Douglass, 28 Cal. 299.) It does not appear, therefore, by anything in the record upon which we are permitted to act, what the ruling on the motion to strike out was. Besides, if it did, the notice to strike out is too general. It does not point out the specific objectionable matter, but leaves the…
2Cases cited3 opinions
- Harper v. MinorCalifornia Supreme Court · 1864
- Abbott v. DouglassCalifornia Supreme Court · 1865
- More v. Del ValleCalifornia Supreme Court · 1865
3Cited by9 opinions
- People v. McCreeryCalifornia Supreme Court · 1868
- Porter v. MackWest Virginia Supreme Court · 1901
- Blizzard v. DrinkhouseCalifornia Supreme Court · 1901
- In Re Contempt Proceedings Against MatthewsIdaho Supreme Court · 1936
- State v. Eureka Consolidated Mining Co.Nevada Supreme Court · 1872
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