Spinetti v. Brignardello
ANTONIO SPINETTI, Guardian of the Estate of CARLOTTA CAMAJANO v. GIACOMO BRIGNARDELLO and AUGUSTUS D. SPLIVALO
- Area
- civil
- Panel
- E. W. McKinstry (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 — McKinstry
By the Court, McKinstry, J.:
This is. an appeal from a final judgment, and the only “ papers ” we can consider—inasmuch as there is no bill of exceptions—are the notice of appeal and judgment roll. (Code of Civil Procedure, sec. 950.) The stipulation printed in the transcript is no part of the judgment roll, but the roll includes only the complaint, demurrer, order on demurrer, and judgment. (Code of Civil Procedure, sec. 670.)
The judgment was entered, as appears by the recital therein, “ on reading and filing the stipulation of the respective partios ” —that is, by consent. Such consent was a waiver of the demurrer, and we are not called upon, therefore, to determine whether the demurrer was well taken.
No other question is presented by the record.
Judgment affirmed, with ten per cent, damages.
Cited by
- Hollywood Cleaning & Pressing Co. v. Hollywood Laundry Service, Inc. Docket No. L.A. 12102. · 1932-12-28
- Berkeley Bank of Savings & Trust Co. v. Miller Civ. No. 1395. · 1913-11-21
- Hibernia Savings & Loan Society v. Russell S. F. No. 1422 · 1900-02-15
- Smith v. Lorenz Sac. No. 496 · 1899-05-25