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85 Cal. 609

Adams v. Andross

California Supreme Court

Decided September 12, 1890

California Supreme Court · decided 1890-09-12

<p>Appeal — Injunction Order — Authentication of Affidavits. — Upon appeal from an order denying an injunction where the bill of exceptions filed simply recites that certain affidavits, naming them, were read, but none of them are set out in the bill, and certain affidavits appear in the transcript, and a certificate of the judge stating that the affidavits of certain persons and other documents were used at the hearing has been filed, the affidavits being identified only by the names of the parties who made them, and certain indorsements, the authentication of such affidavits is insufficient, and the order will be affirmed.</p>

Cited by 1 later decisions — most recently October 1902

1 state decisions

Relies on Herrlich v. McDonald · Somers v. Somers

Good law ✅— No negative treatment on recordhow we know

Decided 1890-09-12

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Works, J.

¶1This is an appeal from an order denying an injunction. Neither of the parties has taken sufficient interest in the case to file a brief. It is apparent that the motion for the injunction was supported by the plaintiff and resisted by the defendant on affidavits. A bill of exceptions was filed, which simply recites that certain affidavits, naming them, were read, but the affidavits are not set out. This, of course, furnishes nothing for this court to act upon. Certain affidavits appear in the transcript, and a certificate of the judge that the affidavits of certain persons and other documents were used at the hearing has been filed, but the affidavits are only identified by the names of the parties who made them, and certain indorsements. It has been held that such an authentication of papers is insufficient. (Herrlich *610v. McDonald, 80 Cal. 472; Somers v. Somers, 81 Cal. 608.)

¶2Order affirmed.

¶3Fox, J., concurred.

Paterson, J.

¶4I have considered the affidavits, and think the order of the court is correct.

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