Caldwell v. Parks (1875) · DecisionDepot

Caldwell v. Parks

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

California Supreme Court Jul 1, 1875 No. No. 4008Published

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Holding. The court affirmed the judgment because the bill of exceptions failed to comply with the requirements of section 648 of the Code of Civil Procedure and did not intelligibly present the alleged errors of law.

Issues

Whether the bill of exceptions was prepared in accordance with section 648 of the Code of Civil Procedure.
Whether the record sufficiently presented the questions of law for appellate review.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The objections taken, and the supposed errors of law relied upon in argument, are not stated in the manner pointed out in section 648 of the Code of Civil Procedure, nor in such a manner as to intelligibly present the questions”

Synopsis

Bill of Exceptions. On an appeal from the judgment, a hill of exceptions which is a mere rescript of the testimony by question and answer, with the objections taken and the ruling thereon, will not be considered.

By the Court: The so-called bill of exceptions found in the record, is a mere rescript of the notes of the short-hand reporter of the court below, in which the evidence is detailed by question and answer. The objections taken, and the supposed errors of law relied upon in argument, are not stated in the manner pointed out in section 648 of the Code of Civil Procedure, nor in such a manner as to intelligibly present the questions supposed by counsel to be involved upon this appeal.

Judgment affirmed.

Caldwell v. Parks

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