Tompkins v. Mahoney

Citations

• 32 Cal. 231

Syllabus

<p>Instructions to Jury.—It is not error for the Court to refuse to instruct the jury upon a point in relation to which there is no evidence.</p> <p>2Tew Trial.—A new trial will not he granted on account of the giving of instructions to the jury which could not have injured the party complaining.</p> <p>Admission of Evidence.—If a complaint in an action to recover money for legal services is general in its language, and the defendant demands and receives a bill of particulars, he cannot object to the admission of evidence under it.</p> <p>Citation upon Writ of Error, and Undertaking thereon.—The Judge of the United States District Court for the District of Oregon has no authority, while holding the Circuit Court of the United States for the District of California, to sign a citation upon a writ of error from the Supreme Court of the United States to the Supreme Court of this State, nor has he authority to take and approve of the security required in order to make the writ of error a supersedeas and operate as a stay of execution upon the judgment to be reviewed.</p>