McIntyre v. Willis

California Supreme Court

McIntyre v. Willis

20 Cal. 177

CourtCalifornia Supreme Court

DecidedJuly 1, 1862

StatusPublished

Cited by1 cases

This text of 20 Cal. 177 (McIntyre v. Willis) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McIntyre v. Willis, 20 Cal. 177 (Cal. 1862).

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Opinion

Field, C. J. delivered the opinion of the Court—Cope, J. concurring.

The statement on appeal from the judgment was not prepared within the statutory time. It cannot, therefore, be looked into for the determination of the errors assigned by the appellants. The statement on appeal from the order refusing a new trial is not agreed to by the parties or them counsel, or settled by the Judge who tried the cause. It constitutes, therefore, no part of the record which we can notice. This disposition of the two statements leaves the case to rest upon the judgment roll, and that discloses no error.

Judgment affirmed.

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Field, C. J. delivered the opinion of the Court—Cope, J. concurring.

The statement on appeal from the judgment was not prepared within the statutory time. It cannot, therefore, be looked into for the determination of the errors assigned by the appellants. The statement on appeal from the order refusing a new trial is not agreed to by the parties or them counsel, or settled by the Judge who tried the cause. It constitutes, therefore, no part of the record which we can notice. This disposition of the two statements leaves the case to rest upon the judgment roll, and that discloses no error.

Judgment affirmed.

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Bluebook (online)

20 Cal. 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintyre-v-willis-cal-1862.

Opinion

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