Meysan v. Chabrie (1885) · DecisionDepot

Meysan v. Chabrie

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

California Supreme Court Jul 31, 1885 No. No. 9354Published

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Holding. The court dismissed the appeal from the judgment due to a lack of record entry and affirmed the order denying the motion to vacate the default judgment because the record lacked authentication of the papers used in the hearing.

Issues

Whether an appeal from a judgment can be considered without a record entry of the judgment.
Whether an order on a motion to vacate a default judgment can be reviewed without authentication of the papers used at the hearing.

Disposition. Appeal from the judgment dismissed and order affirmed.

Quotations verified verbatim against the opinion

“The appeal from the judgment cannot be considered, as the record shows no entry of it”

“The record shows no authentication in any mode of any papers or documents used on the hearing of such motion.”

“Appeal from the judgment dismissed and order affirmed.”

Synopsis

Appeal—Record must Show Entry of Judgment.—An appeal from a judgment cannot be considered if the record shows no entry of it.

By the COURT. The appeal from the judgment cannot be considered, as the record shows no entry of it: McLaughlin v. Doherty, 54 Cal. 519; Preston v. Hearst, 54 Cal. 596.

It does not appear on what the order on the motion to vacate the judgment by default was made. The record shows no authentication in any mode of any papers or documents used on the hearing of such motion. The only document before us on such appeal is the order of the court made on the motion, and in this order we see nothing erroneous.

Appeal from the judgment dismissed and order affirmed.

Meysan v. Chabrie

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