Whipple v. Hopkins

Citations

• 119 Cal. 349
• 51 P. 535
• 1897 Cal. LEXIS 900

Syllabus

<p>Appeal—Review of Order Denying New Trial—Affidavits not Identified. Affidavits of newly discovered evidence printed in the transcript upon appeal, but not identified as having been the affidavits used upon the motion for a new trial, nor shown to have been filed in the court below, cannot be considered by this court upon appeal from the order denying a new trial.</p> <p>Id.—Bill of Exceptions—Proper Refusal of Settlement—Failure to Comply with Statute.—Where the party proposing a bill of exceptions refuses to adopt the amendments, and fails to present the same for settlement within the time limited by section 650 of the Code of Civil Procedure, without offering any excuse therefor, the court is justified in refusing to settle the bill when subsequently presented for settlement.</p> <p>Id.—Obdbb Refusing to Settle Bill of Exceptions not Review able upon Appeal—Mandamus.—If a judge improperly refuses to settle a bill of exceptions, he may be compelled to act by writ of mandate, but his refusal to act is not an appealable order, and cannot be reviewed upon appeal from an order of the court denying a new trial, which must be determined upon the same record as that presented in the court below.</p>