Sherman

Reclamation District No. 70 v. Sherman

Good Law
11 Cal. App. 399·1909 Cal. App. LEXIS 136·105 P. 277
Court of Appeal of CaliforniaSeptember 29, 1909Civ. No. 533.California6,616 words

Opinion

Lead Opinion

Hart, J.

This is a suit for the enforcement of a lien upon certain land of defendants, situated within the limits of Reclamation District No. 70, under an assessment for reclamation purposes. Judgment passed for the plaintiff, and this appeal is from said judgment under section 941b of the Code of Civil Procedure. The transcript of the proceedings, etc., as authorized by said section, is not in form as required by rule 7 of this court, and we will, therefore, take occasion to here say that hereafter no transcript in1 an appeal taken directly to this court under the section mentioned will be filed, nor the appeal, except as to such questions as may be reviewed on an appeal from the judgment on the judgment- roll alone where the judgment-roll is, as here, presented in a proper and separate and distinct form from the transcript of the proceedings, will be considered by this court, unless such transcript conforms to the requirements of said rule 7 [ 144 Cal. xliv , 78 Pac. ix ]. It would seem scarcely necessary to say that rules laid down by the supreme court for the government, in many particulars, of the appellate practice are as much a part of our system of procedure as the rules…

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