Rauer v. Justices' Court

Citations

• 115 Cal. 84
• 46 P. 870
• 1896 Cal. LEXIS 975

Syllabus

<p>Oertiobari—Review ot Justices’ Judgment tor Costs —Dismissal ot Writ—Record on Appeal—Petition—Docket Entries.—On appeal from a judgment of the superior court dismissing a writ of certiorari obtained to review a justice’s judgment, as respects the recovery of costs, which were claimed to have been no part of the judgment, but to have been inserted therein a month after the trial, the petition. for the writ forms no part of the record, and its allegations inconsistent with the docket entries of the justice cannot be considered; and where such docket entries show a judgment for costs apparently rendered on the day that the cause was tried, they are grima facie evidence that such was the truth, and if they are not rebutted by anything else in the record, the judgment dismissing the writ should be affirmed.</p>