Wormouth v. Gardner

Citations

• 35 Cal. 227

Syllabus

<p>Impeaching Settled Statement.—A motion to correct a statement or exceptions, is an original proceeding in the Supreme Court, and must he instituted by a petition in writing, which petition should be presented with the record, and the application made before the case is submitted.</p> <p>Idem.—A party cannot incorporate in his transcript ex parte affidavits, impeaching the statement, and after the final submission of the case, bring the question before the Supreme Court for the first time in his brief. •</p>