Berri v. Fitch (1856) · DecisionDepot

Berri v. Fitch

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

California Supreme Court Dec 20, 1856 No. No. 1241Published

Before: Heydenfeldt, Murray, Terry

AI Brief

AI-generated · verify before citing

Holding. The court affirmed the judgment because the record lacked a statement of evidence signed by the judge and the appellant failed to show that objections were made to the admission of improper evidence at trial.

Issues

Whether a certificate of a district judge is sufficient to establish a record on appeal in the absence of a signed statement of evidence.
Whether the admission of improper evidence constitutes grounds for a new trial absent an objection at trial.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“In this case there is no statement of the evidence signed by the judge or agreed on by the parties.”

“it is no ground for new trial that the court admitted improper evidence on the trial unless it is shown that the same was objected to.”

Synopsis

APPEAL from Sixth Judicial District, Sacramento County.

MURRAY, C. J. — In this case there is no statement of the evidence signed by the judge or agreed on by the parties. There is a certificate of the district judge, after the appeal was taken, that the record is correct; but this is insufficient. He is not required to certify to the correctness of a record, but in the preparation of statements on appeal to make that record which before was not, it is his duty to sign the same, which is certified to us as record.

In addition to this, it is no ground for new trial that the court admitted improper evidence on the trial unless it is shown that the same was objected to.

Judgment affirmed.

We concur: Heydenfeldt, J.; Terry, J.

Berri v. Fitch

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief