Hershey v. Kness

Decided February 14, 1888

California Supreme Court · decided 1888-02-14

The action was brought for the claim and delivery of certain personal property. The defendant attempted to justify the taking under a writ of attachment issued in an action against one Elliott. Judgment was rendered in favor of the plaintiff. The defendant moved for a new trial, and his motion being denied, appealed from the judgment and order. The appellant had printed specifications in the transcript.

Cited by 3 later decisions — most recently December 1922

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-02-14

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Hayne, C.

¶1All the appellant’s specifications were stricken from the transcript, for the reason that they were mere interpolations, and not a part of the statement as settled by the judge of the court below. This took away all right to be heard on the motion for new trial.

¶2The appellant’s objections to the sufficiency of the complaint are without merit.

¶3We therefore advise that the judgment and order be affirmed.

¶4Foote, C., and Belcher, C. 0., concurred.

The Court.

¶5For the reasons given in the foregoing opinion, the judgment and order are affirmed.