Haraszthy v. Horton
California Supreme Court
Appeal from the District Court of the Eighteenth Judicial District, County of San Diego. The action was ejectment. The defendants had judgment, and the plaintiff appealled. The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
The appeal, taken in April, 1873, is taken in form from an order denying the plaintiff’s motion for a continuance of the cause, and from the final judgment rendered.
1. The appeal directly from the order refusing the continuance cannot be considered, for the reason that such an order is not in itself a distinct subject of appeal. (Code Civil Procedure, Sec. 939.)
2. Nor can we, in this case, consider the propriety of the order through the instrumentality of the appeal taken from the judgment.
There is no bill of exceptions attached to the judgment roll as found in the record. That…
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