White v. White

California Court of Appeal

White v. White

100 P.2d 791, 38 Cal. App. 2d 162, 1940 Cal. App. LEXIS 622

CourtCalifornia Court of Appeal

DecidedMarch 25, 1940

DocketCiv. No. 12269

StatusPublished

This text of 100 P.2d 791 (White v. White) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

White v. White, 100 P.2d 791, 38 Cal. App. 2d 162, 1940 Cal. App. LEXIS 622 (Cal. Ct. App. 1940).

Pincite

Opinion

McCOMB, J.

This is a motion for diminution of record by appellant to have the transcript on appeal changed by including certain testimony alleged to have been improperly omitted from the engrossed bill of exceptions and to have excluded from the engrossed bill of exceptions certain testimony included therein.

Appellant twice moved the trial court to correct the record in the same particulars as he now seeks to have this court correct the same. In each instance the trial court denied the motions.

Appellant has failed to establish to our satisfaction that the rulings of the trial court were incorrect. Therefore, section 652 of the Code of Civil Procedure is inapplicable and appellant’s motion for diminution of the record is denied.

Moore, P. J., and Wood, J., concurred.

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McCOMB, J.

This is a motion for diminution of record by appellant to have the transcript on appeal changed by including certain testimony alleged to have been improperly omitted from the engrossed bill of exceptions and to have excluded from the engrossed bill of exceptions certain testimony included therein.

Appellant twice moved the trial court to correct the record in the same particulars as he now seeks to have this court correct the same. In each instance the trial court denied the motions.

Appellant has failed to establish to our satisfaction that the rulings of the trial court were incorrect. Therefore, section 652 of the Code of Civil Procedure is inapplicable and appellant’s motion for diminution of the record is denied.

Moore, P. J., and Wood, J., concurred.

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Bluebook (online)

100 P.2d 791, 38 Cal. App. 2d 162, 1940 Cal. App. LEXIS 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-white-calctapp-1940.