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Oakland Gaslight Co. v. Dameron

Supreme Court of California
Jan 1, 1881
57 Cal. 292 (Cal. 1881)

Opinion

         Department Two

         Appeal from an order granting a new trial, in the Third District Court, County of Alameda. McKee, J.

         COUNSEL

         It appears from the transcript that there was nothing before the Court upon which to base the motion. The Court had no power to grant the motion without some showing. Here there was no statement, no affidavits, no bill of exceptions.

          C. A. Tuttle, and J. P. Dameron in proper person, for Appellants.

          N. Hamilton, and Marcus P. Wiggin, for Respondent.


         This appeal cannot be heard, inasmuch as no statement is contained in the record.

         OPINION          The Court:

         This in an action of ejectment. The defendants had judgment, and a motion for a new trial was made on the minutes of the Court, which was granted.

         The correctness of the ruling cannot be reviewed on this appeal. Section 661 of the Code of Civil Procedure provides that, when the motion for a new trial is made on the minutes of the Court, the judgment roll, and a statement to be subsequently prepared, with a copy of the order, shall constitute the record on appeal. There is no such statement in this case.

         Order appealed from affirmed.


Summaries of

Oakland Gaslight Co. v. Dameron

Supreme Court of California
Jan 1, 1881
57 Cal. 292 (Cal. 1881)
Case details for

Oakland Gaslight Co. v. Dameron

Case Details

Full title:OAKLAND GASLIGHT COMPANY v. J. P. DAMERON et al.

Court:Supreme Court of California

Date published: Jan 1, 1881

Citations

57 Cal. 292 (Cal. 1881)