McLeod v. Davis (1872) · DecisionDepot

McLeod v. Davis

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

California Supreme Court Nov 22, 1872 No. No. 3365Published

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Holding. The court affirmed the judgment because the findings supported the lower court's decision and the appellant failed to provide a statement or bill of exceptions. Additionally, the court could not rule against a defendant who was not served with notice of appeal.

Issues

Whether the court could render judgment against a defendant not served with notice of appeal.
Whether the judgment could be disturbed in the absence of a statement or bill of exceptions.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We cannot consider whether there was error in not rendering judgment against Davis, inasmuch as he was not served with notice of appeal, and is, therefore, not before us.”

“The findings, actual and implied, support the judgment rendered below.”

Synopsis

APPEAL from Third Judicial District, Alameda County.

By the COURT. — We cannot consider whether there was error in not rendering judgment against Davis, inasmuch as he was not served with notice of appeal, and is, therefore, not before us.

[767]Nor can we disturb the judgment rendered in favor of the other defendants. The appeal is on the judgment-roll alone, without a statement or bill of exceptions annexed thereto, the appeal taken from the order denying a new trial having been abandoned at the bar.

The findings, actual and implied, support the judgment rendered below.

Judgment affirmed.

McLeod v. Davis

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