Sharon

—This action has been before this court on an appeal from the judgment. The findings were held to support the judgment, and the judgment was affirmed. (Sharon v. Sharon, 75 Cal. 1 .)

The present appeal is from the order denying a new trial, and presents for our consideration, in addition to errors alleged to have occurred during the trial, the question whether the findings of the court below on the main issues in the case are supported by the evidence.

Preliminary to these questions arising on the merits, we are called upon by both the respondent and the appellant to determine certain objections to the consideration of the case.

The respondent contends that the statement on motion for a new trial, as it appears, in the transcript, was not properly made up and authenticated, and on that ground moves to strike out what purports to be such statement. She also moves to strike out certain parts of the transcript purporting to be a part of the statement, on the ground that such parts are not included in the statement as certified by the judge of the court below. The objection most relied upon in, respect to these motions is, that certain exhibits used in evidence do not appear in the…

It is manifest that so long

as the decree of the United States circuit court—the execution of which is not stayed by appeal or writ of error {Slaughter-house Cases, 10 Wall. 273 ) — remains in force and effect, a prosecution of plaintiff’s cause of action in any proceeding in the state courts can result only in great expense and annoyance to all the parties, and a conflict of authority in which the paramount decree of the circuit court is bound to prevail. We know as well now as we shall ever know the scope and effect of the decree referred to, and the construction given to it by the federal judges in their decisions. {Sharon v. Hill, 11 Saw. 290 ; Sharon v. Terry, 36 Fed. Rep. 337; 131 U. S. 40 .) These decisions are official acts of the judicial department of the United States, the matters therein decided are matters of notoriety, the verity of such matters is not disputed, and we are as much bound to notice them as we are the laws of nature or the acts of the legislature. (Code Civ. Proc., sec. 1875, subd. 3; Romero v. United States, 1 Wall. 742 ; “Matters requiring judicial notice.,” 28 Am. Law Reg., 2d series, 193.)

It has seemed to me, therefore, that this court ought not…

—The petition for rehearing in this cause is J. denied.

One of the* points made in the petition is to the effect that the court ought to vacate the judgment made and given herein on the seventeenth day of July, 1889, on the ground that the appeal from the order denying the new trial ought not to have been entertained, because the steps taken in the lower court for a new trial were premature, having been taken before the coming in of the report of a referee appointed by the court to report upon the amount and character of the community property of the parties, and that the court below had no jurisdiction to hear the same.

Before the argument of this case upon the appeal from the order denying motion for new trial, a formal motion was made to dismiss the appeal upon several grounds, one of which was substantially the same as the ground of this objection. The motion was elaborately argued, orally and upon briefs, .and upon due consideration was by the court denied. The court fully considered the question of jurisdiction to hear and determine the motion for new trial, and the appeal from the order denying the same, at the time, and we see no reason to change the conclusion then…