Thompson

Thompson v. American Fruit Co.

Good Law
1913 Cal. App. LEXIS 306·21 Cal. App. 338·131 P. 878
Court of Appeal of CaliforniaFebruary 28, 1913Civ. No. 1175.California992 words

Opinion

Lead Opinion

Lennon, J.

This purports to be an appeal from an order granting a motion to vacate a judgment rendered and entered upon the default of the defendant.

The appeal cannot be considered for the reason that it has not been prepared in the manner nor perfected to the extent required by law.

The record before us consists of a copy of the following pleadings, papers, and orders in the case, viz.: 1. The plaintiff’s complaint; 2. The summons and the sheriff’s return thereon; 3. The'judgment; 4. Plaintiff’s affidavit in support of motion for judgment on default; '5. Defendant’s notice of motion to vacate judgment; 6. Order vacating judgment; and 7. Notice of appeal. Appended to all of these is the certificate of the county clerk that they are full, true, and correct copies of the originals in the action. This record, however, is not in any manner or form authenticated by the certificate of the judge of the lower court before whom the matter was heard and determined.

Prior to the adoption of the alternative method of appeal provided for in chapter I, part II, title XIII, of the-Code of Civil Procedure, no express provision was to be found in the code law requiring the pleadings, papers, evidence…

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