Hutton v. Reed

Citations

• 25 Cal. 478
• 1864 Cal. LEXIS 57

Syllabus

<p>Assignment of Errors.—An assignment of errors at common law was in the nature of a pleading, to which there was a demurrer or joinder in error. It did not constitute a part of the transcript, but was founded on it, and was filed in the appellate Court after the transcript had been filed.</p> <p>Same.—-The term assignment of errors is not used in our Practice Act, nor is. it known in our practice in its common law sense.</p> <p>Appeal on Judgment Roll.—When an appeal is taken on the judgment roll alone, and no statement is made, a specification of grounds of error is not required to he inserted in the transcript. But when the Court comes to examine the case, and no brief or statement of points and authority has been furnished by the appellant, as required by Rule XVII, the judgment will be affirmed without examination.</p> <p>Statement on Appeal.—A general specification in the statement of grounds of error relied on, such as insufficiency of the evidence to justify the verdict, the verdict and judgment are against law, or error in law occurring at the trial, is not sufficient; but the statement should specify the particular grounds of error relied on; and annexed to the statement of the grounds of error relied on by the appellant should be so much of the evidence as may be necessary to explain the points specified, and no more.</p> <p>Statement not Specifying Errors relied on.—A specification of the particular grounds of error is the essential element of a statement; the evidence is the mere incident. On appeal from the judgment, if the transcript contains a paper purporting to he a statement, which does not distinctly specify the grounds of error relied on, and objection to its insufficiency in this respect to constitute a statement is made at the proper time, such paper will be disregarded, and only such errors as are disclosed by the judgment roll will be considered.</p> <p>Statement on Motion for New Trial.—When the appeal is from an order denying a new trial,