Clarke v. Witram

Citations

• 99 Cal. 50
• 33 P. 798
• 1893 Cal. LEXIS 614

Syllabus

<p>Summons—Order Quashing Service —Appeal—Dismissal — Order after Juigment—Bill of Exceptions.—An appeal from an order setting aside and quashing a service of summons will be dismissed where there is no judgment-roll in the record, and where the bill of exceptions upon appeal from the order does not show that the order was made after final judgment.</p> <p>Id.—Description of Order in Notice of Appeal.—The recital in the notice of appeal that the order appealed from was made after judgment is not evidence that the order was so made.</p>