De Johnson v. Sepulbeda
California Supreme Court
Appeal from the District Court of the First Judicial District, County of Los Angeles. This was an action of ejectment for an undivided estate, brought by the plaintiffs, as the widow, and the heirs at law of Santiago Johnson, deceased. It appears from the complaint that the plaintiffs are tenants in common with other co-tenants not made parties. At the trial the jury returned a verdict lor the plaintiffs, in accordance with the proof adduced.
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Appeal from the District Court of the First Judicial District, County of Los Angeles. This was an action of ejectment for an undivided estate, brought by the plaintiffs, as the widow, and the heirs at law of Santiago Johnson, deceased. It appears from the complaint that the plaintiffs are tenants in common with other co-tenants not made parties. At the trial the jury returned a verdict lor the plaintiffs, in accordance with the proof adduced. Defendant moved for a new trial, which was refused by the Court, and from the final judgment entered in this action defendant appealed.
1Opinion of the CourtMurray, C. J.
Heydenfeldt, J., concurred.
It is insisted by the Respondents’ counsel that this case comes up on the judgment roll, and that we cannot consider anything else, as there is no statement signed by the Judge of the Court below, or agreed upon by the parties; although not necessary to a decision, we have determined to settle the practice on this point, to avoid further difficulties and misapprehensions.
On the trial in the Court below the appellant tendered several bills of exceptions to the decisions of the Court, which were signed by the Judge and filed by the Clerk, and thus became records in…
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