Southern Pacific Railroad v. Superior Court of San Francisco

Citations

• 105 Cal. 84

Syllabus

<p>New Trial—Bill of Exceptions—Error in Instructions—Affidavit. An error in the instructions of the court to the jury constitutes error at law occurring at the trial, and must have been excepted to and embodied in the bill of exceptions provided for in section 650 of the Code of Civil Procedure, and cannot be embodied in an affidavit, or in another bill of exceptions, after the motion for a new trial is denied.</p> <p>Id.—Notice of Intention—Record Upon Appeal.—Upon an appeal from an order granting or denying a new trial the notice of intention to move for a new trial is not a part of record upon appeal, and need not be included in the bill of exceptions unless the opposite party insists that it is insufficient.</p> <p>Id.—Appealable Order Deemed Excepted to.—An appeal may be taken from an order denying a new trial and such order is deemed to have been excepted to, and need not be embodied in a bill of exceptions.</p> <p>Id.—Reference to Pleadings—Presumption Upon Appeal.—Reference may be made on the hearing of the motion for a new trial, to the pleadings in a case, for the purpose of ascertaining the issues and determining the correctness of the rulings, and it is to be presumed upon appeal that such reference was made, and the fact that it was made need not be presented by a bill of exceptions.</p>