Brewster v. Johnson (1876) · DecisionDepot

Brewster v. Johnson

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

California Supreme Court Jul 1, 1876 No. No. 4835Published

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Holding. The court affirmed the lower court's judgment because the appellant failed to file points and authorities or identify specific errors in the record.

Issues

Whether an appellate court is required to examine the record for error when the appellant fails to file points and authorities.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We decline to perform the duty of counsel by examining the record to ascertain if possibly error may not have intervened in the court below.”

“If an appellant omits to point out the errors of which he complains, the judgment will be affirmed without looking into the record.”

Synopsis

Subbeme Couet will not Pebfobm Duty of Counsel.—The Supreme Court will not perform the duty of counsel by examining the record to ascertain if possibly error may not have intervened, if there is no oral argument, and points and authorities are not filed.

By the Court: There was no oral argument of the cause, nor has either party filed points and authorities. We decline to perform the duty of counsel by examining the record to ascertain if possibly error may not have intervened in the court below.

If an appellant omits to point out the errors of which he complains, the judgment will be affirmed without looking into the record.

Judgment affirmed, with twenty-five per cent, damages.

Brewster v. Johnson

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