Borkheim v. North British & Mercantile Insurance Co.

Citations

• 38 Cal. 623

Syllabus

<p>Practice.—If an appeal be taken from an order on a motion founded upon affidavits and other documents, they should be each endorsed by the Judge as having been used at the hearing of the motion.</p> <p>Stipulations not Binding.—A stipulation not in writing and filed with the Clerk, nor entered in the minutes of the Court at the time it was made, is not binding upon the parties, and cannot be enforced by the Court.</p> <p>Idem.—B. had. several actions against different parties turning upon the same issues, and prosecuted and defended by the same attorneys, respectively. Counsel, with consent of B., stipulated, verbally, in open Court, that but one case should be tried, and the others should abide the result; but the stipulation was not reduced to writing and filed with the clerk, nor entered in the minutes of the Court. Held, that the stipulation was void, and could not be afterwards enforced by a nunc pro tunc order, directing it to be entered in the minutes of the Court.</p> <p>. Appbabance—Pbesumption Abising Thebefbom.—If counsel appears to a motion, the presumption is that he appeared to oppose, and not to consent to the order sought by the motion.</p>