Public-domain · open source
OpenJurist

45 Cal. 43

People v. Doe

California Supreme Court

Decided July 1, 1872

California Supreme Court · decided 1872-07-01

In February, 1872, eight judgments for delinquent taxes were rendered against the lots in the block between J and K and Twenty-second and Twenty-third streets, Sacramento City—an action having been brought against each lot separately.

Relies on Seabury v. Arthur

Decided 1872-07-01

By the Court:

¶1By sections three hundred and thirty-eight and three hundred and forty-two of the Practice Act, an appeal from an order not in itself erroneous upon its face must be supported by a statement. „ The only exception to this rule is found in section three huiylred and forty-three, by which it is provided that when the order is based upon affidavits filed the statement is to be omitted and the affidavits annexed to the order instead of the statement. This rule has been followed here ever since the case of Haggin v. Clark, 28 Cal. 142, and has been repeated and applied uniformly in cases too numerous to mention. The prescribed practice not having been pursued in this case, we cannot consider the errors alleged by the appellants.

¶2Order affirmed.

/45/cal/43 · .json · Public domain