Reports of Cases Determined in the Supreme Court of the State of California (Volume 64 ) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1906 Excerpt: ... his fellow jurors by indorsing and presenting a bill not in fact found, and if such a fraud is practiced, the law will provide a proper punishment by direct proceedings against the party.guilty of the fraud. Finally, as said by Ryland, J. (in State v. Baler, 20 Mo. 338), an innocent person will not be injured by limiting the inquiry, for he can always vindicate himself in a trial on the merits. Let the petitioner be discharged from custody. Morrison, C. J., Sharpstein, J., Ross, J., Thornton, J., Myrick, J., and Mckee, J., concurred. In Bank.--January 31, 1884. JOSEPH EMERIC, Respondent, V. JUAN B. ALVARADO Et Al., Respondents, And EMILY TEWKSBURY, ExEcutrix Of The Will Of Jacor M. Tewksrury, Deceased, Et Al., Appellants. Practice--New Trial--Notice Of Motion--Order Extending Time.--The time named in an order extending the time to give notice of intention to move for a new trial commences to run at the expiration of the ten days allowed by statute for the notice. Id.--Judgment Roll--Interlocutory Judgment--Partition.--The Code of Civil Procedure does not provide for a judgment roll until final judgment has been entered; and hence an appeal from an interlocutory judgment in a suit for partition will not be dismissed because the entire judgment roll is not brought up. Id.--Appeal--Bill Of Exceptions.--An appeal from an order denying a new trial, in tne case of an interlocutory judgment in partition, must be brought up on a statement, or bill of exceptions, or affidavits, as in other cases where a motion for a new trial is made and denied. Testamentary Executor--Translation.--The words "testamentary executor" are a correct translation of the Spanish word albacea. Mexican Law--Grant.--Under the Mexican law an heir--heredero--could be instituted by will. And whe...