McAbee v. Randall

Citations

• 41 Cal. 136

Syllabus

<p>Appeal pkom Judgment.—On an appeal from a judgment, -without a statement or bill of exceptions, the Court will review the judgment roll only.</p> <p>Review op Order.—An order made by the Court below, denying a motion, for judgment on the pleadings, will not be reviewed by the Supreme Court, unless presented by a statement or bill of exceptions.</p> <p>An Attorney must stand by his Depinition op his Pleadings.—If the defendant calls his answer a counter claim, and goes to trial in the Court below on that theory, he will -not be permitted for the first time, in. the Supreme Court, to call it a cross complaint, to obtain a review of an order denying his motion for judgment on thé pleadings.</p>