Baldwin v. Bornheimer

Citations

• 48 Cal. 433
• 1874 Cal. LEXIS 171

Syllabus

<p>Acknowledgment op the Deed.—The presumption is that the certificate of the notary, of the acknowledgment of a deed, states the facts.</p> <p>An Ebkoe which does no Haem.—A judgment will not be disturbed on account of error in the admission of testimony, if the testimony admitted does no harm,</p> <p>Amendment to Complaint.—If an attorney enters an appearance in a ease for a person who is not named in the complaint as a party defendant, after the defendant named in the complaint has answered, and by stipulation, the answer on file is considered as the answer of the party for whom the attorney thus appears, the complaint should be amended by inserting the name of such party, and if not amended before ah appeal is taken, the Supreme Court will direct the Court below to allow the amendment, even if it affirms the judgment.</p> <p>Evidence in Ejectment.—If, after the defendant in ejectment has answered raising issues on the question of title, the attorney for the de^ndant appears for a person not made a defendant in the complaint, and, by stipulation, the answer is considered as the answer of the person for whom the attorney thus appears, the party who thus appears must connect himself by evidence with the title of the original defendant, before ■ he can introduce evidence as to the issues.</p> <p>Instbuctions Befuskd.—If the evidence does not appear in the transcript, the applicability of instructions asked and refused, cannot be considered on appeal.</p>