Morris v. Angle

Citations

• 42 Cal. 236

Syllabus

<p>New Tkial Statemeht teeated as stjoh, though galled Statemeht oh Appeal.—Where a transcript on appeal showed that a notice of motion for new trial was given and argued in due time, and that the points made on such motion could not properly he considered without a statement on such motion, and that no objection was made on such motion for want of such statement; and the transcript contained a statement manifestly intended as a statement on new trial, but headed “Statement on Appeal”: held, that such statement should be treated as a statement on motion for new trial.</p> <p>Presumptioh of Regulabity op Pboceedihgs op District Court.—It is not to be presumed that a District Court would proceed to hear and determine a motion for new trial on the ground that the evidence was insufficient to justify the findings, without a settled statement as required by law.</p> <p>Appeal—Matters hot past op Judgmeht Roll must be Embodied ih Statemeht or Bill op Exceptiohs.—Notices of motion to strike out portions of pleadings, or to dismiss action and orders upon such motions, and judgment rolls in other suits introduced as evidence, do not constitute a part of the judgment roll in a case, and hence are not a part of the record on appeal, unless embodied in a statement or bill of exceptions. Trahsactioh Cohstitutihg Absolute Sale ahd hot Mortgage.— Where Morris and Angle owned a lot of sheep, and Morris executed a hill of sale of his half to Angle, who was in possession, in consideration of the surrender to him of his own note, previously given to Angle', and the giving to him of Angle’s note for the balance; and Angle at the same time agreed in writing to sell back to Morris at a future time, on payment of the money represented by the notes: held, that the transaction constituted an absolute sale, and not a mortgage.</p>