Braverman v. Fresno Canal & Irrigation Co.

Citations

• 101 Cal. 644
• 36 P. 386
• 1894 Cal. LEXIS 1091

Syllabus

<p>New Trial—Statement—Instruction—Specifications of Error—Appeal.—Where an instruction objected to is not embodied in the stating or substantive part of the statement on motion for a new trial, but is merely incorporated in the specifications of error, coupled with the statement that it was given against the objection of the appellant, it cannot be'reviewed upon appeal, there not being a sufficient record to show that it was given or excepted to.</p> <p>Id.—Office of Specifications. —The specification of the particular errors upon which the moving party will rely, although an essential part of the statement, is the act of the attorney, annexed to the statement or bill of exceptions, for the purpose of pointing out particulars in which errors were committed at the trial.</p> <p>Id.-—Subject Matter of Specification.—The matters to which any specifications point must be found in the substantive part of the statement or bill of exceptions, otherwise they cannot be considered.</p>