McCreery v. Everding

Citations

• 44 Cal. 246
• 1872 Cal. LEXIS 190

Syllabus

<p>Stipulation as to Statement.—After a proposed statement on motion for a new trial has been made, and amendments have been proposed and allowed by the Court, a stipulation of counsel, that the engrossed statement may be made by writing in the proposed statement the amendments, and when so engrossed, the same shall he the statement, and that the exhibits and documents referred to in the statement may be used on the argument, without being copied into the statement, hut shall he inserted in the transcript on appeal, and a stipulation added to. the engrossed statement, that it is the engrossed statement, as settled by the Judge, and engrossed according to the former stipulation, are equivalent to the certificate, as provided in the statute.</p> <p>Exceptions to Charge to Jury.—An exception taken by counsel to instructions given by the Court to the jury need not state the points of the exception. It is sufficient to say generally in the statement that counsel excepted to each and all of the instructions.</p> <p>Specification- of Errors in Statement.—It is sufficient in the specification made in the statement on motion for a new trial, of reasons why a new trial should he granted, to assign errors in law occuring by “ giving of each of the instructions asked by the defendants.” Such specification sufficiently points out the particular errors in the instructions relied on.</p> <p>Contradictory Instructions to a Jury.—When instructions to the jury upon a material point in issue are contradictory and inconsistent, it is impossible to know by which instruction the jury was influenced, and a new trial will be granted.</p> <p>Possession of Land.—Actual possession of land may be had without fences or inclosure.</p>