Davis v. Lamb

Citations

• 5 Cal. Unrep. 765
• 35 P. 306
• 1893 Cal. LEXIS 1140

Syllabus

<p>Administrator.—A Judgment in an Action Against an Administrator that is entered against him personally will be corrected on appeal therefrom, as the error is one that is apparent on the judgment-roll.</p> <p>Administrator.—A Judgment in an Action Against an Administrator that is made immediately enforceable will be corrected on appeal therefrom so as to make it payable “in due course of administration,” as required by Code of Civil Procedure, .section 1504, as the error is one that is apparent on the judgment-roll.</p> <p>Appeal.—A Judgment in an Action on a Note for a Sum Larger than the principal and interest due on the note will be corrected on appeal therefrom, as the error is one that is apparent on the judgment-roll.</p> <p>Appeal.—The Denial of a Motion for a New Trial on the Ground of insufficiency of evidence will not be reviewed where the bill of exceptions on which the motion was made contains no exception on that ground, and no specification of any particular in which it is claimed the evidence was insufficient.</p> <p>Administrator.—In an Action, Tried Before the Court, on a note guaranteed by defendant’s intestate, error cannot be predicated on the consideration of the note as evidence, on the ground that it had been altered after intestate’s death, where no objection was offered to its admission on such ground, and the court found the note in the form in which it was made.</p> <p>Administrator.—In an Action, Tried Before the Court against an administrator on a note guaranteed by his intestate, the court’s refusal to open the case after taking it under advisement, to permit the administrator to show that he demanded the production of the original note when the claim was presented to him, is a proper exercise of discretion, when it does not appear that the claim was rejected because of the nonproduction of the original.</p>