gno.law

Stern v. Hillman

California Court of Appeal · Docket No. 7564. · 1930-11-01 · Published · 292 P. 1011 · 109 Cal. App. 294 · 1930 Cal. App. LEXIS 466

L. Stern v. A.M. Hillman

Area
civil
Panel
Homer R. Spence (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

This is a motion by appellant, upon suggestion of diminution of the record, to incorporate in the record on appeal certain matters contained in a "Proposed Certification of County Clerk".

[1] From the bill of exceptions it appears that appellant seeks a reversal solely upon the ground that his motion for a jury trial was denied. The pleadings, the motion and the affidavits upon which that motion was heard in the trial court are included in the transcript. The bill of exceptions proposed by appellant and settled by the trial court recites "That said motion was heard upon the papers included above and the pleadings contained in said cause. . . ." On the present motion in this court it is not made to appear that the matters referred to in the "Proposed Certification of County Clerk" were before the trial court upon the hearing of said motion nor that said matters are material upon the hearing of this appeal on the merits. The motion is therefore denied.

Sturtevant, J., and Nourse, P.J., concurred.

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