Witter v. Andrews

Citations

• 122 Cal. 1
• 54 P. 276
• 1898 Cal. LEXIS 517

Syllabus

<p>Statement—Bill oe Exceptions—Appeal.—The Code does not provide for a statement upon appeal from a judgment, and without a motion for new trial the appellant is not entitled to a statement of the ease to be used on such appeal. But he is entitled to a bill of exceptions, which does not substantially differ from a statement of the case, and should not be deprived of the fruits of the appeal, for calling the document presented a statement rather than a hill of exceptions.</p> <p>Id.—Presentation to Judge fob Settlement—Previous Notice Essential.—Five days’ notice to the adverse party of the presentation of a proposed statement or hill of exceptions, and the amendments thereto, to the judge for settlement, pursuant to section 650 of the Code of Civil Procedure, is essential to the validity of the presentation. Subsequent notices of the fact of presentation after it has been made, and of a time for settlement, are too late; and, in such case, it is error for the judge to settle the statement or bill, against the objection of the adverse party.</p>