Brown v. Tolles

Citations

• 7 Cal. 398

Syllabus

<p>An appeal from an order granting a new trial, to be effectual, must be taken within the time allowed by statute.</p> <p>This Court will not review the facts of the case, unless a new trial was demanded in the Court below.</p> <p>Errors in law, occurring in the Court below, will be reviewed in this Court, although a new trial was not asked.</p> <p>To hold that a new trial must be asked for, in all cases, before the error can be reviewed, would be in violation of all the settled rules of law on this subject, and would virtually make it necessary for the Court below to commit the same error twice, before an appeal would lie.</p> <p>If a party complains of error, he should, show wherein the error consists. This Court cannot be expected to act in the double capacity of counsel and judges.</p>