Higgins v. Mahoney

Citations

• 50 Cal. 444

Syllabus

<p>Bill of Exceptions.—If a bill of exceptions is presented for settlement more than thirty days after the judgment is rendered, and the opposite party objects to it because too late, the court must incorporate into it a clause showing an extension of time as an excuse for the delay, or the bill cannot be considered by the appellate court, even if settled.</p> <p>Dismissal of Action.—If an action is improperly dismissed by the plaintiff, the remedy of the defendant is by appeal from the judgment, and not by motion to set aside the judgment of dismissal.</p> <p>Idem.—If the plaintiff moves to dismiss the action, it is the duty of the counsel for the defendant, if he relies on a stipulation of the plaintiff as precluding a motion to dismiss, to bring forward the stipulation, or ask for delay to produce it. He cannot remain silent, and afterwards attack the judgment of dismissal.</p>