Tregambo v. Comanche Mill & Mining Co.

Citations

• 57 Cal. 501

Syllabus

<p>Bill of Exceptions—Exception—Practice.—It is not necessary to present a bill of exceptions to a decision refusing to open a default at the time of such decision. Bills of exceptions, to any decision whenever made, may be presented and settled as provided in § 660, Code of Civil Procedure.</p> <p>Eiling—Clerk—Fees.—A paper in a case is deemed to be filed when it is delivered to the clerk for that purpose, and the clerk’s fees paid if demanded.</p> <p>Id.—Default.—Demurrer.—It is premature to enter a default of a defendant whose demurrer is on file and undisposed of, notwithstanding that the demurrer has not been indorsed as filed by the clerk.</p> <p>Trial—Definition.—A trial is the examination before a competent tribunal, according to the law of the land, of the facts or law put in issue in a cause, for the purpose of determining such issue.</p> <p>Clerk’s Fees—Mono County.—There is no law authorizing the county clerk of Mono County to receive three dollars fee for filing a demurrer.</p>