Roussin

Roussin v. Kirkpatrick

Good Law
1908 Cal. App. LEXIS 72·8 Cal. App. 7·95 P. 1123
Court of Appeal of CaliforniaMarch 27, 1908Civ. No. 393.California1,490 words

Opinion

Lead Opinion

Chipman, J.

Action for services alleged to have been performed by plaintiff for defendants as a school teacher. The cause was tried by the court without a jury and defendants had judgment, from which and from the order denying his motion for a new trial plaintiff appeals.

The record purports to have been made up under new sections 953a, 953b and 953c of the Code of Civil Procedure. (Stats. 1907, p. 750.) The appeal is taken under new sections 941a, 941b and 941c. (Stats. 1907, p. 753.) Some interesting questions of practice arising under these sections are presented by respondents in their objections to the review of alleged errors, which we prefer not at this time to take up. We invite attention, however, to the closing paragraph of section 953c, which reads: “In filing briefs on said appeal the parties must, however, print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to call to the attention of the court.” Whatever motive of utility or economy suggested these new sections to the codes, it is quite clear to our minds that the legislature did not intend to require the reviewing court to grope through an unprinted transcription of the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.