Castro's Executors v. Armesti

Citations

• 14 Cal. 38
• 1859 Cal. LEXIS 233

Syllabus

<p>Where there is no bill of exceptions and no statement, the rulings of the Court upon questions of law during the trial, cannot be sought from the testimony as taken down by the Clerk—neither under the Act of 1850, nor 1851.</p> <p>And a certificate of the Judge who tried the cause, made eight years after the trial, that he believed the exceptions taken were correctly noted in the Clerk’s minutes of the testimony, cannot supply the place of a bill of exceptions.</p> <p>An allegation in the complaint that plaintiffs are the sons of Joaquin Castro, and have been in possession of the rancho since his decease, is, in the absence of a special demurrer, a sufficient allegation of heirship.</p> <p>Ingraham v. Gildermester, 2 Cal. 161; Gunter v. Geary, 1 Id. 409; Pierce v. Minium, 2 Id. 471—affirmed.</p>