Steen v. Hendy

Citations

• 4 Cal. Unrep. 916
• 38 P. 718
• 1894 Cal. LEXIS 1272

Syllabus

<p>Reference—Claim Against Decedent.—Pending a Reference, Defendant Died, and Ms executor was substituted in Ms stead. On the hearing before the referee the executor objected to the taking of any testimony, because plaintiff had not filed his claim with him. Held, that the objection being made before there was any evidence as to whether the claim had been presented to the executor, it was premature, and the referee rightly proceeded with the hearing.</p> <p>Appeal—Time for Taking.—Where No Motion for a New Trial is made, the question whether the judgment is supported by the evidence will not be considered on appeal unless the appeal is taken within sixty' days after the' rendition of the judgment on a bill of exceptions setting out the evidence.</p>