Van Pelt v. Littler
California Supreme Court
Appeal from the Fifth District. The case was tried by the Court, and, there being no statement on appeal, the facts can only be gathered from the findings which, upon the points decided, were, that “ this action, being tried - - - - before the Court, without a jury, by consent, - - - - upon the evidence, pleadings, and admissions, of the defendants in open Court, the Court finds,” etc.
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Appeal from the Fifth District. The case was tried by the Court, and, there being no statement on appeal, the facts can only be gathered from the findings which, upon the points decided, were, that “ this action, being tried - - - - before the Court, without a jury, by consent, - - - - upon the evidence, pleadings, and admissions, of the defendants in open Court, the Court finds,” etc. “ that the judgment and execution upon which the Constable sold plaintiff's property were void •” that, “by reason of the levy and sale, - - - - plaintiff sustained damage in the sum of six hundred and fifty…
1Opinion of the CourtCope, J.
delivered the following opinion :
*196The statement in the record, purporting to be a statement on motion for a new trial, is not sufficiently authenticated. The Judge certifies that the statement is correct according to his recollection. This is not even a substantial compliance with tho statute. The certificate should show with reasonable certainty that the statement is correct. The case must therefore be reviewed on the judgment roll and the findings of the Court. The suit is brought upon the official bond of a Constable, against the officer and his sureties, to recover damages for an illegal…
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