Bognuda

Bognuda v. Pearson

Good Law
1925 Cal. App. LEXIS 457·71 Cal. App. 105·234 P. 857
Court of Appeal of CaliforniaJanuary 31, 1925Docket No. 2756.California1,895 words

Opinion

lead Opinion

Hart, J.

The plaintiff sued the defendants to secure a judgment for damages in the aggregate sum of eight thousand dollars, alleged to he the extent, measured in money, of the injury alleged to have been inflicted upon the crops of alfalfa growing on certain lands of plaintiff in Glenn County and upon said lands by the alleged acts of the defendants in causing said lands to be flooded with water. The complaint specifically describes those acts, and the answer likewise denies each and all of the averments of plaintiff’s pleading.

The cause was tried by a jury, who awarded the plaintiff damages in the sum of four thousand dollars. Judgment was entered accordingly. The defendants appeal from said judgment, and in the preparation of the record on appeal attempted to proceed according to the method prescribed by section 953a of the Code of Civil Procedure.

The respondent contends that the appeal, in so far as the same is supported or supposed to be supported by the clerk’s transcript or record on appeal, is not reviewable, for the reason that said transcript was not prepared and is not authenticated as required by said section 953a. The contention is sound and must be sustained. In fact, the…

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