Shain v. Eikerenkotter

Citations

• 88 Cal. 13
• 25 P. 966
• 1891 Cal. LEXIS 638

Syllabus

<p>Appeal — Authentication op Papers — Bill op Exceptions — Certipicate op Judge. — On an appeal from an order vacating a levy of an execution, a bill of exceptions is not necessary to authenticate the papers used on the hearing of the motion in the lower court, but they may be properly authenticated by the certificate of the judge. It is essential, however, that it shall appear in some manner that all the papers used on the hearing are contained in the transcript.</p> <p>Id. — Appeal — Dismissal. — An appeal from an order vacating the levy of an execution will be dismissed, where there is nothing to show that all of the papers used on the hearing in the court below are contained in the transcript, and it is not sufficient that certain papers inserted in the transcript are authenticated by the certificate of the judge as having been used on the hearing, and placed on file in the court below.</p> <p>Id. — Presumption as to Counter-affidavits. — The order vacating the levy will be sustained upon the presumption that counter-affidavits were filed and used by the respondent, if the record does not show the contrary.</p>