Baker v. Snyder
California Supreme Court
Appeal from an order in the Superior Court, Alameda County. Crane, J. A judgment was entered against the plaintiff dismissing the action for want of prosecution. The plaintiff made a motion to vacate the judgment, and the motion being denied, the plaintiff appealed. The transcript contains certain affidavits indorsed, filed in the action, the contents of which tend to show that the judgment was rendered by reason of an excusable mistake on the part of the plaintiff.
1Opinion of the Court
The Court :
Section 951 of the Code of Civil Procedure reads: “On “appeal from a judgment rendered on an appeal,- or from an order, except an order granting or refusing a new trial, the appellant must furnish the Court with a copy of the notice of appeal, of the judgment or order appealed from, and of papers used on the hearing in the Court below.”
But the code provides no special mode by which “the papers used on the hearing” shall be identified.
Unless the affidavits, etc., when used on a motion, are then indorsed or marked by the clerk, under the direction of the Judge, or without such…
2Cited by10 opinions
- McKay v. FarrUtah Supreme Court · 1897
- Hayward Lumber & Investment Co. v. BiscailuzCalifornia Supreme Court · 1957
- State ex rel. Pierson v. MillisMontana Supreme Court · 1897
- Simmons Hardware Co. v. Alturas Commercial Co.Idaho Supreme Court · 1895
- People v. CuadraCalifornia Court of Appeal · 1964
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