Parrott

People v. Parrott

Good Law
1 Cal. Unrep. 412
Supreme Court of CaliforniaJanuary 11, 1868No. 1508California309 words

Opinion

Lead Opinion

Sawyer, J.

The appeal is from the judgment, and the document called a statement on appeal presents no question in any form which entitles us to review it on an appeal from the judgment.

The specification that “the evidence did not justify or warrant the judgment, ’ ’ is insufficient: Hutton v. Reed, 25 Cal. 490 . Besides, it has been so long settled, and so often stated, that we cannot review the evidence or findings of fact on an appeal from the judgment, that there ought not to be any occasion to repeat it. A motion for new trial is the only medium prescribed for presenting for review the matters complained of in this case: Allen v. Fennon, 27 Cal. 68 ; Green v. Butler, 26 Cal. 595 .

The question as to the effect of the former adjudication is not presented by the statement. It does not appear that the appellant objected to its introduction in evidence, or that the court made any ruling whatsoever in respect to it, or gave any effect to the judgment when introduced. We are not in *413 formed as to wbat view the court took in respect to it., No ruling in the progress of the trial excepted to by the appellant is found in the statement on appeal. The evidence, only, is presented, and on an…

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