People v. Empire Gold & Silver Mining Co.

Citations

• 33 Cal. 171

Syllabus

<p>Transcript on Appeal.—The Clerk’s minutes of the trial are no part of the transcript on appeal. The matters therein contained could only be made part of the record, in the mode prescribed by the Practice Act. Moore v. Del Valle, 28 Cal. 174:, Harper v. Minor, 27 Cal. 107, and Abbott v. Douglass, 28 Cal. 299, are cited as authority.</p> <p>Motion to Strike Out.—A motion, made to strike out portions of a complaint, that does not specifically point out the objectionable matter, is too general, and the Court might properly deny the motion on that ground.</p> <p>Assessment Roll.—The object of a description of property in an assessment roll is to clearly identify the property assessed. An assessment roll which describes minutely each particular piece of improvement on land assessed, with the value of each, separately stated, in a column of item figures, so arranged that there can be no mistake as to the property intended to be assessed, and where, in addition, the aggregate value of the same is stated under the general head “ Value oi improvements on lands,” is clearly sufficient.</p> <p>Idem.—Where the description of the property assessed is placed under the head “ Improvements on land,” and the aggregate value of the same is carried out in figures, preceded by the dollar mark, under the general head of Value of improvements on lands,” the assessment is correctly made.</p> <p>Idem.—Where the figures representing the aggregate value of the property assessed are placed in the column headed by “ Value of improvements on lands,” and preceded by the dollar mark, such an.assessment is not void in consequence of the omission of the dollar mark preceding the figures in the column representing the separate values of the items, for if the aggregate figures represent dollars, so also the smaller sums, in figures, which go to make up those in the aggregate, must represent dollars.</p> <p>Conflict of Testimony.—Where the record discloses a conflict of testimony, and that there was