People ex rel. Carrillo v. De la Guerra

Citations

• 24 Cal. 73

Syllabus

<p>Degrees of Consanguinity—Computation of.—In this State, in computing the degrees of consanguinity, the common law is the rule of decision in all cases except in relation to descent and distribution, in which the rule of computation which prevails under the civil law has been adopted.</p> <p>Motion to Change Venue—What Denial of.—When two motions are pending in an action at the same time, one to change the venue, and one to dismiss, an entry of a judgment of dismissal, without any formal order denying the motion to change the venue, is a virtual denial of the same.</p> <p>Disqualification of Judge fro3C Trying a Cause.—If a. Judge is related to either of the parties to an action by consanguinity or affinity within the third degree, he is disqualified from acting in the case in any matter except in the arrangement of the calendar or regulation of the order of business. Even if no objection is made, he has no right to act, and ought of his own motion to decline to sit as Judge. In such case, an order of the Judge, dismissing the action, is void, on the ground of his incapacity to act.</p> <p>Papers—How made Part of Pleadings.—Records and papers cannot be made a part of a pleading by merely referring to them, and praying that they may be taken as a part of such pleading, without annexing the originals or copies as exhibits, or incorporating them with the answer, so as to form a part of the record in the cause.</p> <p>Former Suit in Bar—Must be Proven.—If an answer sets up a former suit pending between the same parties in abatement of the action, and has annexed to it a copy of the record of the former suit, the annexation of this copy docs not do away the necessity of a trial and the introduction of the record in evidence. The question cannot be determined on the pleadings, but there must still be proof of the former suit.</p>