Houghton v. Trumbo

Citations

• 103 Cal. 239
• 37 P. 152
• 1894 Cal. LEXIS 756

Syllabus

<p>Appeal—Bill of Exceptions of Co-respondent.—A bill of exceptions prepared upon a motion for a new trial by a codefendant who is a respondent upon an appeal by another codefendant, and who has not appealed, cannot be used or considered upon the appeal taken by the other defendant.</p> <p>Id.—Unauthenticated Bill of Exceptions.—An unauthenticated bill of exceptions consisting entirely of specifications of error cannot be considered.</p> <p>Action for Accounting—Business Transactions—Partnership—Immaterial Variance.—In an action for an accounting of business transactions where each party asks for an accounting against the others of the business transactions set forth in the complaint, a judgment upon the accounting will not be reversed because it seems to contemplate that the relation between the parties was that of partnership, while the complaint states some facts inconsistent with the theory of partnership, if the evidence and the history of the trial does not appear in the record.</p> <p>Id.—Findings—Stipulation—Waiver.—Where findings are made upon an interlocutory decree for an accounting, and it is stipulated by the parties that findings other than those filed upon the rendition of the interlocutory decree are waived, it cannot be objected upon appeal that the findings are not full enough.</p>