Rogers v. Parish

Citations

• 35 Cal. 127

Syllabus

<p>Objection to Record on Appeal, when Waived.—Where, on appeal from an order subsequent to final judgment, objections to the consideration of certain affidavits contained in the record were not taken as required by Rule XIII of this Court, such objections will be deemed waived ¿ but the ruléis otherwise in respect to the subject matter of a statement on appeal contained in such record, where no statement embodying the same, duly settled, certified, or agreed to, as required by law, existed in the Court below.</p> <p>Who cannot be Dispossessed under Writ op Restitution.—Where L. and P. entered into possession of certain lands under neither of the parties to an action for the possession of the same, and were not parties to said action, they cannot be dispossessed under a writ issued on a judgment rendered for plaintiff therein.</p>