Legal Opinion

Ramsbottom v. Fitzgerald

California Supreme Court

Decided March 14, 1900No. Sac. No. 575PublishedCited by 8 opinions

APPEAL from an order of the Superior Court of San Joaquin County denying a motion to vacate and set aside the judgment and the order denying a motion for new trial and to perpetually stay execution upon the judgment. Edward I. Jones, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

■ THE COURT.

The defendants have appealed from an order denying their motion to set aside and vacate the judgment and order denying a new trial and to perpetually stay execution on said judgment. The respondent urges that the points made in support of their appeal cannot be considered, for the reason that they have failed to bring to this court a record of the matters upon which the action of the superior court was based.

Section 951 of the Code of Civil Procedure provides: “On appeal from a judgment rendered on an appeal, or from an order, except an order granting or refusing a new trial, the…

2Cases cited2 opinions

  1. Somers v. SomersCalifornia Supreme Court · 1889
  2. Larkin v. LarkinCalifornia Supreme Court · 1888

3Cited by8 opinions

  1. Linforth v. S.F. Gas and Electric Co.California Supreme Court · 1909
  2. In Re Estate of DeanCalifornia Supreme Court · 1906
  3. Schroeder v. MauzyCalifornia Court of Appeal · 1911
  4. Harrison v. CousinsCalifornia Court of Appeal · 1911
  5. Zany v. Rawhide Gold Mining Co.California Court of Appeal · 1911

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