Carpentier v. Williamson
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. . The judgment in this case was rendered July 16th, 1863. A statement on motion for new trial was made and filed, and on the 16th day of November, 1863, an order was made denying a new trial. On the 4th day of March, 1864, an appeal was taken from the judgment and from the order denying a new trial.
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Appeal from the District Court, Third Judicial District, Alameda County. . The judgment in this case was rendered July 16th, 1863. A statement on motion for new trial was made and filed, and on the 16th day of November, 1863, an order was made denying a new trial. On the 4th day of March, 1864, an appeal was taken from the judgment and from the order denying a new trial. No statement on appeal was made, but the respondents’ attorneys stipulated that the statement on motion for a new trial might be also used as the statement on appeal. The other defendants were in possession as tenants of…
1Opinion of the Court
By the Court, Sawyer, J.
We can only consider the questions arising on the appeal from the judgment, for the reason that the appeal from the order denying a new trial was not taken in time. (Dooling v. Moore, 20 Cal. 141.)
There is a stipulation in the record that the statement “ on motion for a new trial may be also used as the statement on, appeal from the judgment.” The statement, therefore, may be used, so far as it presents any question that can be reviewed on appeal from the judgment, but no further.
On such appeal, errors in the rulings of the Court below in *159the progress of the trial…
2Cases cited9 opinions
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