Blair v. Hamilton

Citations

• 32 Cal. 49

Syllabus

<p>Return op Facts on Certiorari.—When, a case is brought from an inferior Court or tribunal to the Supreme Court by certiorari, if all the facts upon which the Court below acted are not in the record, the Supreme Court may require the Court below to certify such facts.</p> <p>Idem-.—The return of a finding of facts made by a County Judge to a writ of certiorari, constitutes a part of the record within the meaning of the four hundred and sixty-third section of the Practice Act, though the finding is not made until the next term after the testimony is taken and the order or judgment based on it is made.</p> <p>Sureties on Appeal Bond.—A party who excepts to the sufficiency of sureties on an appeal bond may waive their justification.</p> <p>Waiver of Justification of Sureties.—If the sureties on an appeal bond are excepted to and appear before the Justice to justify, and the party excepting then states before the Justice that he knows the sureties to be good, and only excepted because his attorney told him to do- so, this is a waiver of justification.</p> <p>Evidence of What Occurred before Justice.—When a question arises in the County Court on an appeal from a Justice’s Court, as to the jurisdiction of the County Court, the County Court may take testimony outside the record transmitted by the Justice as to what occurred after filing the undertaking and notice of appeal, and may also take testimony as to what occurred before that time, if the Justice has omitted to make the requisite entries in his docket.</p> <p>Justice’s Docket as Evidence.—A Justice’s docket is only primary evidence, and its omissions may be supplied from other sources when necessary.</p>