Schreiber v. Whitney
California Supreme Court
Appeal from a judgment for the defendants and an order denying a new trial in the Nineteenth District Court, City and County of San Francisco. Wheeler, J. Material allegations of the complaint were denied by the answer and there were no findings.
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Appeal from a judgment for the defendants and an order denying a new trial in the Nineteenth District Court, City and County of San Francisco. Wheeler, J. Material allegations of the complaint were denied by the answer and there were no findings. The following stipulation is attached to the statement appearing in the transcript: “It is herebystipulated that the foregoing statement contains all the evidence and copies of all the original papers used in the trial of said cause, as they appear in the records and files of the Clerk of said Court. “And it is agreed that the motion for a new trial…
1Opinion of the Court
The Court:
The document in the transcript, purporting to be a statement on motion for new trial, is not signed and certified by the Judge of the Court below, as required by Sub. 4, Sec. 659, C. C. P., and must be disregarded.
There is no error in the judgment roll.
Judgment and order affirmed.
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