Legal Opinion

Cent. Pac. R.R. v. Pearson

California Supreme Court

Decided July 1, 1868PublishedCited by 78 opinions

Appeal from the District Court, Sixth Judicial District, Sacramento County. The Central Pacific Railroad Company of California, a corporation formed under the laws of this State, to construct a railroad from Sacramento, through the Counties of Nevada and Placer, to the eastern boundary of the State, filed its petition in the District Court of Sacramento County to acquire and appropriate, for the construction, operation, and maintenance of the track of their railroad, and for…

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Appeal from the District Court, Sixth Judicial District, Sacramento County. The Central Pacific Railroad Company of California, a corporation formed under the laws of this State, to construct a railroad from Sacramento, through the Counties of Nevada and Placer, to the eastern boundary of the State, filed its petition in the District Court of Sacramento County to acquire and appropriate, for the construction, operation, and maintenance of the track of their railroad, and for water stations, depots, machine and workshops, turntables, and other buildings for the same, a large number of lots and…

1Opinion of the Court

By the Court, Sanderson, J.:

Testing the ruling of the Court below in relation to the appellant’s bill of exceptions—so called—by the provisions of the Practice Act concerning new trials in civil cases, we should be compelled to sustain it, if, as seems to be conceded, the bill of exceptions was not settled by the Commissioners at the time the proceedings which it recites were had. Under sections one hundred and eighty-eight and one hundred and eighty-nine of the Practice Act, a bill of exceptions, in order to be available on a motion for new trial, must be reduced to writing, and settled by…

2Cases cited1 opinion

  1. Gould v. . Hudson River Railroad CompanyNew York Court of Appeals · 1852

3Cited by78 opinions

  1. County of Los Angeles v. FausCalifornia Supreme Court · 1957
  2. Klopping v. City of WhittierCalifornia Supreme Court · 1972
  3. Bagdasarian v. GragnonCalifornia Supreme Court · 1948
  4. San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
  5. People v. La MacChiaCalifornia Supreme Court · 1953

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