Burdge v. Gold Hill & Bear Water Co.

California Supreme Court

Burdge v. Gold Hill & Bear Water Co.

15 Cal. 198

California Supreme Court·Decided July 1, 1860·Published·Cited by 2 cases

Opinion

Field, C. J. delivered the opinion of the Court

Baldwin, J. and Cope, J. concurring.

The statement contained in the record was used on the motion for a new trial, and we can only examine the action of the Court below in denying the motion. The judgment cannot be reviewed except through the order made upon the motion, and from such order there is no appeal. (Lower v. Knox, 10 Cal. 480.) This leaves the case to stand upon the judgment roll, and as this discloses no error, the judgment must be affirmed.

So ordered.

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Field, C. J. delivered the opinion of the Court

Baldwin, J. and Cope, J. concurring.

The statement contained in the record was used on the motion for a new trial, and we can only examine the action of the Court below in denying the motion. The judgment cannot be reviewed except through the order made upon the motion, and from such order there is no appeal. (Lower v. Knox, 10 Cal. 480.) This leaves the case to stand upon the judgment roll, and as this discloses no error, the judgment must be affirmed.

So ordered.

Burdge v. Gold Hill & Bear Water Co., 15 Cal. 198 (Cal. 1860).

Pincite

15 Cal. 198 (Burdge v. Gold Hill & Bear Water Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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