Hershey v. Kness (1888) · DecisionDepot

Hershey v. Kness

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

California Supreme Court Feb 14, 1888 No. No. 12240Published

Before: Hayne

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Holding. The court affirmed the judgment and order because the appellant's specifications were properly stricken as unauthorized interpolations and the complaint was found to be sufficient.

Issues

Whether the appellant's specifications were properly stricken from the transcript.
Whether the complaint was legally sufficient.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“All the appellant’s specifications were stricken from the transcript, for the reason that they were mere interpolations, and not a part of the statement as settled by the judge of the court below.”

“The appellant’s objections to the sufficiency of the complaint are without merit.”

Synopsis

New Trial — Specifications. —Where there are no specifications, the party cannot be heard on motion for new trial.

Hayne, C. All the appellant’s specifications were stricken from the transcript, for the reason that they were mere interpolations, and not a part of the statement as settled by the judge of the court below. This took away all right to be heard on the motion for new trial.

The appellant’s objections to the sufficiency of the complaint are without merit.

We therefore advise that the judgment and order be affirmed.

Foote, C., and Belcher, C. 0., concurred.

The Court. For the reasons given in the foregoing opinion, the judgment and order are affirmed.

Hershey v. Kness

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