Inches v. Van Valkenburgh

California Supreme Court Nov 29, 1859 No. No. 2251Published

Before: Baldwin, Cope

AI Brief

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Holding. The court will not review a judgment entered on a referee's report where no motion for a new trial or motion to set aside the report was made in the lower court.

Issues

Whether a judgment entered on a referee's report is reviewable on appeal absent a motion for a new trial or a motion to set aside the report.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“it has been expressly held that this court will not review such a judgment under the circumstances: Porter v. Barling, 2 Cal. 72.”

Synopsis

APPEAL from Fourth Judicial District. San Francisco County.

BALDWIN, J. — In this ease judgment was entered for the defendant on the report of a referee. No motion was made for a new trial, or to set aside the report of the referee. An appeal is taken from the judgment so entered on the report of the referee; but it has been expressly held that this court will not review such a judgment under the circumstances: Porter v. Barling, 2 Cal. 72.

Judgment affirmed.

I concur: Cope, J.

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