McCartney v. Henry

Citations

• 16 Cal. 184
• 1860 Cal. LEXIS 202

Syllabus

<p>Where the record shows simply a statement signed by the District Judge, without any certificate preceding as to the correctness of the statement, and it does not purport to be a statement on motion for new trial, and no order appears disposing of the motion for new trial: Held, that there is no statement on motion for new trial or on appeal. And the grounds of the motion for new trial not being filed within the time required by law, the appeal is from the judgment alone.</p> <p>The Supreme Court will consider only errors of law, to which exceptions have been regularly taken. The findings of the Court below on the facts will not be reviewed.</p> <p>A deed to defendant admitted as prima facie evidence, the question as to the identity and description of the premises being matter of subsequent proof. See facts.</p> <p>If exceptions to the rulings below be not taken at the time, they cannot be urged on appeal.</p>