Richardson v. City of Eureka

— This is an action to abate a nuisance and to recover damages occasioned by the obstruction of a natural watercourse flowing across the plaintiff’s land. The obstruction complained of consists of an embankment erected in grading a street in the city of Eureka across the natural watercourse referred to.

A motion was made to dismiss the appeal, but the same was denied ( 92 Cal. 64 ), the court saying: “ Any defects alleged to exist in the statement of the case will be considered when the cause comes before us upon its merits.”

*446 It is urged that the statement ought not to be considered, because it does not appear by any indorsement of the judge thereon that it was used on the hearing of the motion for a new trial, and that it does not contain or purport to contain all the evidence. Neither of these objections is well taken. The statement appears to have been duly presented, settled, and allowed by the court. It is a part of the record, and we must presume that it was used on the hearing of the motion, there being nothing to the contrary shown. There is no merit in the contention that the statement does not contain all the evidence. The certificate of the judge that the…