McNett

McNett v. McNett

Good Law
1919 Cal. App. LEXIS 548·44 Cal. App. 778·187 P. 447
Court of Appeal of CaliforniaDecember 13, 1919Civ. No. 3171.California822 words

Opinion

Lead Opinion

Richards, J.

This is an appeal from a judgment in favor of the defendant upon his cross-complaint in an action for divorce. In the notice of appeal from the judgment the plaintiff also states that she takes an appeal from an order of the court directing that the custody of a minor child of the parties be turned over to the defendant pending the rendering and entry of the judgment. As to the so-called appeal from the latter order, we have vainly searched the voluminous record before us for the order referred to; but even if our search had been successful, we could not consider the same upon that portion of the appeal, for the reason that the notice of appeal shows upon its face that said order was made before final judgment, and was not, therefore, the subject of a separate appeal.

[1] Upon her appeal from the judgment itself the appellant makes the contention that the evidence in the case is insufficient to sustain the findings and judgment of the trial court. In support of this contention the plaintiff has embodied in her brief a few scattered and evidently incomplete excerpts from the reporter’s transcript, which contains 611 pages of the testimony of over twenty witnesses who were called…

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