Burdge v. Gold Hill & Bear Water Co.

California Supreme Court July 1, 1860

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

Field

Opinion of the Court

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.

Reference

Full Case Name: BURDGE v. GOLD HILL AND BEAR RIVER WATER CO.
Cited By: 2 cases
Status: Published
Syllabus: Whebb a motion for new trial is denied, and the record contains the statement used on such motion, but no statement on appeal from the judgment, this Court 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 this order, no appeal having been taken, the case stands on the judgment roll.