Ackley v. Fishbeck

Citations

• 124 Cal. 409
• 57 P. 207
• 1899 Cal. LEXIS 1007

Syllabus

<p>Appeal—Order Denying New Trial—Insufficient Statement.—An appeal from an order denying a new trial cannot be considered where the statement on the motion for a new trial does not contain, as part thereof, any specification of errors, but there is merely appended thereto what is designated as an “assignment of errors,” which forms no part of the statement, and is not authenticated as part of the record, and does not appear to have been considered on the motion for a new trial.</p> <p>Id.—Review upon Appeal from Judgment.—Where the statement used in the motion for a new trial is insufficient for want of a proper specification of errors, the review upon appeal from the judgment must be confined to determining only whether the findings support the judgment.</p> <p>Id.—Action for Services of Physician—Statute of Limitations—Review of Findings—Evidence not Considered.—In an action to recover for the services of a physician, where the court finds that the services were rendered without express agreement for any stipulated time or sum of money; that the charges made were for each visit; that the physician might at any time have rendered his bill or have been discharged from further service; and concludes that all items of service rendered more than two years prior to the commencement of the action were barred by the statute of limitations; such findings support a judgment for plaintiff only for the items of service not so barred; and if the evidence cajrmot be examined to determine whether it supports such findings for want of a proper statement on motion for a new trial, the judgment and order denying a new trial must be affirmed.</p>