Wetherbee v. Carroll

Citations

• 33 Cal. 549

Syllabus

<p>Record on. Appeal from Judgment.—On appeal from a judgment, without a statement, nothing belongs to the record except the judgment roll, and no question arising outside the roll can be considered.</p> <p>Idem.—The mode of presenting questions not arising on the judgment roll, for review on appeal, is by a statement on appeal.</p> <p>Exceptions Taken at Trial.—Exceptions taken and settled at the trial, as provided for in sections one hundred and eighty-eight, one hundred and eighty-nine, and one hundred and ninety of the Practice Act, form part of the judgment roll, and constitute part of the record on appeal from the judgment, on the roll alone. These are the only exceptions or bills of exceptions known to the Practice Act, except so far as a ruling and exception to it, presented by a statement made in the mode prescribed in that Act, may be regarded as a bill of exceptions.</p> <p>Idem.—At the settlement of an exception taken during the progress of the trial, both parties have the same opportunity for securing its correct presentation, as is afforded in settling a statement. The policy of the law is, that wherever there is a possibility that a partial record for presenting a point may be made, both parties shall have an opportunity to take part in settling it.</p> <p>Appeal from Order.—When an appeal from an order made on affidavits alone is taken, the appeal may be heard upon a record consisting of the order appealed from, and said affidavits identified in the mode prescribed by law.</p> <p>Idem.—When an appeal is from an order based on evidence alone, other than affidavits, or in connection with affidavits, the record on such appeal consists of an order appealed from, and a statement prepared and settled as in case of statements on appeal from judgments, containing so much of said evidence and affidavits as is necessary to present the points relied on.</p> <p>Grounds for New Trial.—Certain grotmds for new trial are required to be presented by affidavit, others