Skillman v. Riley (1858) · DecisionDepot

Skillman v. Riley

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

California Supreme Court Jul 1, 1858Published

Before: Field

AI Brief

AI-generated · verify before citing

Holding. The court affirmed the judgment because the appellant failed to incorporate the draft statement and the respondent's amendments into a single document, rendering the record insufficient for appellate review.

Issues

Whether a statement on appeal is valid when the draft and amendments are not incorporated into a single document.

Disposition. Affirmed

Synopsis

Where there are amendments to a proposed statement on appeal, the draft prepared and the amendments allowed should be incorporated into one document j and, in their separate form, do not constitute such a statement as will be noticed on appeal.

Field, J., delivered the opinion of the Court Terry, C. J., and Baldwin, J., concurring.

The papers embodied in the transcript, purporting to be a statement, are subject to the objection taken in Marlow v. Marsh, (9 Cal., 259.) The draft prepared by the appellant, and the [301]amendments proposed by the respondent, and allowed by the Judge who tried the cause, are not incorporated into one document, and in their separate form do not constitute such a statement as we will notice on appeal. This was expressly decided in the case cited, and in People v. Edwards, (9 Cal., 291.) The judgment-roll is, therefore, the only record properly before us, and this does not disclose any error in the action of the Court below.

Judgment affirmed.

Skillman v. Riley

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief