Wilkes v. Tibbets

Citations

• 3 Cal. Unrep. 708
• 31 P. 609

Syllabus

<p>Appeal—Matters not Apparent of Record.—Where the transcript shows that the findings of fact cover all the issues raised by the pleadings, and the judgment follows and is in conformity with the findings and conclusions of law drawn therefrom, affidavits, though contained in the transcript, claiming that a litigant had been erroneously denied a jury trial by the court, will not be regarded on appeal, where it does not appear that the affidavits were served on the adverse party, or were filed in court or certified to as having been used at the hearing on a motion for a new trial.</p>