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eBook details

• Title: Union Flower Market v. Southern California Flower Market Inc.
• Author : Supreme Court Of California In Bank
• Release Date : January 16, 1938
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

The defendants contend that the appeal should be dismissed or the judgment affirmed for failure of appellant to present a proper record on appeal. Section 950, Code of Civil Procedure, provides that on appeal from a final judgment the appellant must furnish the court with a copy of the judgment roll, certified by the clerk or the attorneys (sec. 953, Code Civ. Proc.). By section 670, Code of Civil Procedure, it is provided that the judgment roll includes the pleadings. The answer is not included in the record filed in this court in the instant case. But where judgment has been entered for defendants on the pleadings the sole question is whether the complaint states a cause of action. (Hibernia Sav. & L. Soc. v. Thornton, 117 Cal. 481 [49 Pac. 573]; Shanley v. American Olive Co., 185 Cal. 552 [197 Pac. 793]; Elmore v. Tingley, 78 Cal. App. 460 [248 Pac. 706].) The appeal will not be dismissed for failure to include in the record on appeal a part of the judgment roll not material to determination of the appeal. (Paige v. Roeding, 89 Cal. 69 [26 Pac. 787].)

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