Reports of Cases Determined in the Supreme Court of the State of ..., volume 8
Reports of Cases Determined in the Supreme Court of the State of ..., volume 8
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In our eReader you can find the full English version of the book. Read Reports of Cases Determined in the Supreme Court of the State of ..., volume 8 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Reports of Cases Determined in the Supreme Court of the State of ..., volume 8
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To quickly assess the difficulty of the text, read a short excerpt:
4; 2 Gil. 65; 13 111. 144.) But the construction of our Practice Act is not left ta rest upon reasonable implication. The ninth title of the Act re- Digitized by LjOOQ IC 801 People v. McCalla. [Sup. Ct.
lates exclusiyely to appeals, and the three hundred and thirty- third section provides that "a judgment or order in a civil action, except when expressly made final by the Act, may be reviewed as prescribed by this title, and not otherwise." This provision is plain and positive, that a judgment... or order, may be received as prescribed by that title, and not otherwise.
If J therefore, an appeal be given by that title in a particular case, the judgment or order can only be reviewed in the manner therein prescribed. In reference to cases where no appeal is given, this iiegative provision, ''not otherwise," need not apply.
Our conclusion is that in all cases where an appeal is given by the statute, that remedy is exclusive and must be pursued, and that a writ of error will only lie in cases where no appeal is given by the Act.
What to read after Reports of Cases Determined in the Supreme Court of the State of ..., volume 8?
You can find similar books in the "Read Also" column, or choose other free books by California. Supreme Court, Bancroft-Whitney Company to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
4; 2 Gil. 65; 13 111. 144.) But the construction of our Practice Act is not left ta rest upon reasonable implication. The ninth title of the Act re- Digitized by LjOOQ IC 801 People v. McCalla. [Sup. Ct.
lates exclusiyely to appeals, and the three hundred and thirty- third section provides that "a judgment or order in a civil action, except when expressly made final by the Act, may be reviewed as prescribed by this title, and not otherwise." This provision is plain and positive, that a judgment... or order, may be received as prescribed by that title, and not otherwise.
If J therefore, an appeal be given by that title in a particular case, the judgment or order can only be reviewed in the manner therein prescribed. In reference to cases where no appeal is given, this iiegative provision, ''not otherwise," need not apply.
Our conclusion is that in all cases where an appeal is given by the statute, that remedy is exclusive and must be pursued, and that a writ of error will only lie in cases where no appeal is given by the Act.
What to read after Reports of Cases Determined in the Supreme Court of the State of ..., volume 8?
You can find similar books in the "Read Also" column, or choose other free books by California. Supreme Court, Bancroft-Whitney Company to read onlineMoreLess
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