De Pedrorena v. Hotchkiss

Citations

• 95 Cal. 636
• 30 P. 787
• 1892 Cal. LEXIS 877

Syllabus

<p>Appeal—Service of Notice — Objection to Jurisdiction — Waiver under Rules. —An objection by a respondent to the jurisdiction of the supreme court to entertain the appeal, on the ground that it does not appear that the notice of appeal was' served, will not be considered by the court, where the objection was not taken and notified to the appellant in writing ten days before the hearing, as provided for by the rules of the supreme court.</p> <p>Id. — Affidavit of Incurable Defect in Transcript. — The consequence of failing to give such notice as provided by the rules cannot be avoided by the making of an affidavit by the respondent to the effect that the defect cannot be cured by a suggestion of diminution of the record, under the rules.</p> <p>Id. — Judgment Roll — Orders not Incorporated in Bill of Exceptions — Setting Aside Default— Striking out Answer. — An order setting aside a default upon conditions, and an order striking out an answer for failure to comply with the conditions, do not constitute part of the judgment roll, and cannot be considered as part of the record upon appeal from the judgment, though printed in the transcript, if not incorporated in a bill of exceptions, and no points attempted to be made in regard to them can be noticed upon such appeal.</p> <p>Deed in Consideration of Legal Services — Trust — Repudiation of Contract — Failure of Consideration — Undue Influence — Rescission— Pleading — Sufficiency of Cause of Action—Special Demurrer.—A complaint which alleges that the plaintiff’s ancestor conveyed to the defendant’s wife certain real estate for the expressed consideration of legal service to be rendered by the defendent, and that the defendant agreed to examine and quiet the title to the property at his own cost and expense, and then to reconvey one half thereof to the grantor; but that although eight years had elapsed since the conveyance of the property to the defendant’s wife, the appellant had not performed or attempted to perform