Sutton v. Symons

Citations

• 97 Cal. 475
• 32 P. 588
• 1893 Cal. LEXIS 572

Syllabus

<p>New Trial — Order Striking out Statement — Appeal — Dismissal. — An order striking out a statement on motion for a new trial is an order made after final judgment, from which an appeal must he taken within sixty days; and an appeal taken therefrom after the expiration of such time will he dismissed.</p> <p>Appeal — Striking out Parts op Transcript. —A motion in the supreme court to strike out portions of a transcript, upon the ground that they are no part of the record, is not proper practice, and will be denied. If the matters sought to be stricken out form no part of the record, they will not he considered by the court upon the hearing of the case upon its merits.</p>