Gates v. Walker
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Sonoma County. The transcript did not contain a judgment, hut contained the demurrers of four defendants and the order of the Court overruling the same. It also contained an order of the Court dismissing the cause as to three of the defendants, and an order setting aside the order of dismissal, and an order refusing to vacate this last order. There was a still further order appointing a referee.
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Appeal from the District Court, Seventh Judicial District, Sonoma County. The transcript did not contain a judgment, hut contained the demurrers of four defendants and the order of the Court overruling the same. It also contained an order of the Court dismissing the cause as to three of the defendants, and an order setting aside the order of dismissal, and an order refusing to vacate this last order. There was a still further order appointing a referee. Counsel for appellant in his brief referred to a transcript made in the same cause in an independent appeal taken by other defendants in the…
1Opinion of the Court
By the Court, Sawyer, C. J.:
We think the objection of the respondent, that there is no record here presenting the questions sought to be raised by appellants, insuperable. The appeal is from the final judgment, for none of the orders mentioned in general terms in the notice of appeal, if they were sufficiently described, are appealable. (Practice Act, Sec. 347.) There is no statement on appeal, and most of the questions raised could only be presented by a statement. (Harper v. Minor, 27 Cal. 107; Wetherbee v. Carroll, 33 Cal. 549.) There is no judgment roll in the record, and no part of a…
2Cases cited2 opinions
- Harper v. MinorCalifornia Supreme Court · 1864
- Wetherbee v. CarrollCalifornia Supreme Court · 1867
3Cited by7 opinions
- Providence Baptist Church v. Superior CourtCalifornia Supreme Court · 1952
- Warren v. StoddartIdaho Supreme Court · 1899
- Plaisted v. NowlanMontana Supreme Court · 1876
- Edw. L. Soule Co. v. SevertsonCalifornia Court of Appeal · 1924
- Noyes v. TootleSupreme Court of Oklahoma · 1899
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