Brown v. Vidal (1856) · DecisionDepot

Brown v. Vidal

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

California Supreme Court Jan 28, 1856 No. No. 897Published

Before: Heydenfeldt, Terry

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Holding. The court affirmed the judgment of dismissal because the record lacked a statement or bill of exceptions, requiring the court to presume the lower court acted upon a valid legal basis.

Issues

Whether a judgment of dismissal can be reviewed in the absence of a statement or bill of exceptions.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“All intendments must be in favor of sustaining the action of the district court, and although no reason appears for the dismissal of the action, it must be presumed there was a good legal one, in the absence of anything to show the contrary.”

Synopsis

APPEAL from Fourth Judicial District, San Francisco County.

HEYDENFELDT, J. — -There is no statement or bill of exceptions. None of the papers which appear in the transcript have any such verity as can make them portions of the record. There is left only the declaration, the answer and the judgment of dismissal.

All intendments must be in favor of sustaining the action of the district court, and although no reason appears for the dismissal of the action, it must be presumed there was a good legal one, in the absence of anything to show the contrary.

Judgment affirmed.

I concur: Terry, J.

Brown v. Vidal

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