Warden v. Mendocino County

Citations

• 32 Cal. 655
• 1867 Cal. LEXIS 114

Syllabus

<p>Undertaking on Appeal.—No undertaking on appeal is necessary when the appeal is taken hy a county.</p> <p>Denying New Trial.—An order dismissing a motion for a new trial is in effect denying a new trial.</p> <p>Bill op Exceptions.—If a hill of exceptions, made to an order dismissing a motion for a new trial, recites the giving of a notice and the different steps taken in prosecuting the motion, it will he received in the appellate Court as evidence of the facts recited, without including the notice, statement, etc., in the transcript.</p> <p>Amendments to Statement.—A reasonable time to prepare and file amendments to a statement on motion for a new trial is five days.</p> <p>Rule op Court.—The appellate Court will not presume what are the rules of the Court below when they are not in the record.</p> <p>Reasonable Diligence in Moving por New Trial.—If the Judge who tried a cause goes to a county in his district not adjoining the one in which the case was tried, to hold Court, before the time for filing amendments to the statement on motion for new trial has expired, the moving party prosecutes the motion with due diligence if he brings the same to a hearing when the Judge returns or first holds Court in a county adjoining the one in which the case was tried.</p>