Rauer's Law & Collection Co. v. Templar Motors Co.

Original application to prove bill of exceptions under the provisions of section 652 of the Code of Civil Procedure.

The petition of T. L. Hausman as receiver for the Templar Motors Company, a corporation, and for himself as an individual, shows that on the second day of June, 1924, a judgment was obtained against him in the superior court, in the department thereof in the city and county of San Francisco presided over by the Honorable Thomas F. Graham; that appeal was taken on the 12th of June; that after extensions duly had petitioner presented his bill of exceptions to said trial judge for settlement; that on July 10th plaintiff above named proposed amendment to said bill by objecting to the substance thereof in toto and moving to strike out same upon the sole ground that “no motion was made in the above-entitled cause for a new trial and the appellate court therefore cannot review the evidence in the matter”; that thereafter (on September 20th, as stated at the argument on this motion) said trial judge granted said motion, and on the following day left the state of California, and at the time of filing of this petition and the hearing thereof was still without the confines of…