Cockrill v. Hall

Citations

• 76 Cal. 192
• 18 P. 318
• 1888 Cal. LEXIS 856

Syllabus

<p>Appeal—Order Refusing New Trial—Omission of Notice of Intention from Record — Stipulation to Correctness of Statement — Presumption of Giving Notice.—When the record on appeal from an order refusing a new trial contains no notice of intention to move for the new trial, and the statement does not recite that such notice was given, the fact that the respondent, without objection, stipulated to the correctness of the statement, and that the motion appears to have been decided on its merits, raises the presumption either that a proper notice of intention was given, or that it was waived.</p> <p>Id.—Several Attorneys of Record — Firm of Attorneys—Notice of Appeal may be Signed by One. •— Where an appellant has two attorneys of record in the lower court, or a firm of attorneys, either one of the two, or either member of the firm, may sign the notice of appeal.</p> <p>Instructions — Exception must be Specific. —An exception to the oral instructions to the jury will not he reviewed unless specifically directed to some particular portion thereof. An exception “to each and every part, and to the whole,” of the instructions, is too general.</p> <p>Jury — Taking Documents to Jury-room — Promissory Notes Referred TO IN Deposition. — Promissory notes offered in evidence, after being identified and proved by testimony contained in a deposition, are not parts of the deposition, within the meaning of section 612 of the Oode of Civil Procedure, prohibiting the jury from taking depositions with them when retiring for deliberation.</p> <p>Evidence — Impeachment of Witness.—A witness cannot be discredited by asking him if he had not been impeached as a witness upon the trial of another action.</p> <p>Id. — Reinstruotions to Jury — Refusal of Particular Instruction. — After retiring for deliberation, the jury returned into court and asked instructions upon a particular point. The court directed them to follow the instructions already given. The plaintiff thereupon requested the court