People v. Stillman (1857) · DecisionDepot

People v. Stillman

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1857Published

Before: Murray

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Holding. The court held that orders refusing to issue a commission to take testimony and refusing to change the place of trial are not appealable under the current statute.

Issues

Whether an order refusing to issue a commission to take testimony is appealable.
Whether an order refusing to change the place of trial is appealable.

Disposition. Appeal dismissed.

Quotations verified verbatim against the opinion

“Neither of them are appealable orders under the statute as it now stands, although they may be reviewed on an appeal from the final judgment in the case.”

Synopsis

An order refusing to issue a commission to take testimony, and an order refusing to change the place of trial, are not appealable orders, though they may be reviewed on appeal from the final judgment in the case.

Murray, C. J., delivered the opinion of the Court—Burnett, J., concurring.

This appeal is prosecuted from an order of the Court below refusing to issue a commission to take testimony, and from an order refusing to change the place of trial

Neither of them are appealable orders under the statute as it now stands, although they may be reviewed on an appeal from the final judgment in the case.

Appeal dismissed.

People v. Stillman

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