Mix v. San Diego & Cuyamaca Railroad

Citations

• 86 Cal. 235
• 24 P. 1027
• 1890 Cal. LEXIS 1011

Syllabus

<p>Appeal — Review op Nonsuit—New-trial Statement sot Filed.— A statement on motion for trial copied into the transcript on appeal, which does not appear to have been filed after it was settled, is no part of the record, and cannot be considered in aid of the appeal, or in review of an order granting a nonsuit.</p> <p>Id.—Appeal from Judgment — New-trial Statement not Used.— If the record does not show that a statement of the case was used on motion for new trial, it cannot be made the basis of an appeal from the judgment.</p>