Mix v. San Diego & Cuyamaca Railroad
This text of 24 P. 1027 (Mix v. San Diego & Cuyamaca Railroad) 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.
Opinion
This is an appeal from a judgment of nonsuit. A statement of the case is copied into the transcript, but it does not appear to have been filed in the court below after it was settled. This being so, it is no part of the record, and cannot be looked to in aid of this appeal; and as the only ruling complained of depends upon the evidence given at the trial, the position taken by the appellant has nothing to support it. (Mills v. Dearborn, 82 Cal. 51, 55.) Besides, it does not appear that the statement was used on motion for a new trial, and for that reason it cannot be the basis of an appeal from the judgment. (Jue Fook Sam v. Lord, 83 Cal. 160.) Judgment affirmed.
Fox, J., and Paterson, J., concurred.
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Cite This Page — Counsel Stack
24 P. 1027, 86 Cal. 235, 1890 Cal. LEXIS 1011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mix-v-san-diego-cuyamaca-railroad-cal-1890.