People v. Doe

45 Cal. 43
CourtCalifornia Supreme Court
DecidedJuly 1, 1872
DocketNo. 3,466
StatusPublished

This text of 45 Cal. 43 (People v. Doe) 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
People v. Doe, 45 Cal. 43 (Cal. 1872).

Opinion

By the Court:

By sections three hundred and thirty-eight and three hundred and forty-two of the Practice Act, an appeal from an order not in itself erroneous upon its face must be supported by a statement. „ The only exception to this rule is found in section three huiylred and forty-three, by which it is provided that when the order is based upon affidavits filed the statement is to be omitted and the affidavits annexed to the order instead of the statement. This rule has been followed here ever since the case of Haggin v. Clark, 28 Cal. 142, and has been repeated and applied uniformly in cases too numerous to mention. The prescribed practice not having been pursued in this case, we cannot consider the errors alleged by the appellants.

Order affirmed.

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Related

Seabury v. Arthur
28 Cal. 142 (California Supreme Court, 1865)

Cite This Page — Counsel Stack

Bluebook (online)
45 Cal. 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-doe-cal-1872.