Cross v. Zane

California Supreme Court
Cross v. Zane, 45 Cal. 89 (Cal. 1872)

Cross v. Zane

Opinion of the Court

By the Court:

The order, which is the subject of the appeal in this case, was not made upon affidavits alone, and it therefore does not *90fall within the exception in section three hundred and forty-three of the Practice Act. Under the provisions of the Practice Act and the rule upon the subject announced in JELaggin v. Clark, 28 Cal. 162, and uniformly adhered to since, we cannot disturb the order upon the record before us, and it is therefore affirmed.

Reference

Full Case Name
SAMUEL CROSS v. JOHN P. ZANE
Status
Published
Syllabus
Appeal from Order.—The appellant, on an appeal from an order which is not made upon affidavits alone, must bring up the facts in a statement, which must specify the grounds upon which he intends to rely on the appeal.