Martin v. Splivalo (1889) · DecisionDepot

Martin v. Splivalo

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

California Supreme Court May 3, 1889 No. No. 11,938Published

Before: Works

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Holding. The court affirmed the money judgment because the record provided on appeal was insufficient to demonstrate any error in the lower court's proceedings.

Issues

Whether the judgment of the lower court should be upheld in the absence of a transcript containing the pleadings, proceedings, or evidence.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“In this condition of the record we must presume that the judgment appealed from was right.”

“Judgment affirmed, with ten per cent damages.”

Synopsis

Appeal—Presumptions.—Where None of the Pleadings or Proceedings in the court below prior to judgment appear in the transcript, and the evidence is not brought up, the judgment must be presumed to be right.

WORKS, J. This is an appeal from a money judgment recovered by the respondent against the appellants. The record shows no errors. None of the pleadings or.proceedings in the court below, prior to the judgment, appear in the transcript, and the evidence is not brought up. In this condition of the record we must presume that the judgment appealed from was right. Judgment affirmed, with ten per cent damages.

We concur: Beatty, C. J.; Paterson, J.

Martin v. Splivalo

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