California Jurisprudence (Volume 2); A Complete Statement of the Law and Practice of the State of California

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. 1921 Excerpt: ...the former practice, where an appeal was taken from a judgment, and also from an order denying a motion for new trial, only one transcript was required, even if the appeals were taken at different times, and even in the absence of an order or stipulation to this effect.80 This result followed from a rule of the supreme court which, provided that ' an appeal from a judgment and from any order denying a new trial of the issues may in all cases be presented upon the same transcript.1 312. Use of Transcript of Another Party.--Where two parties to an action prosecute separate appeals from the judgment or decision therein, the transcript prepared by one party cannot be used in the consideration of the appeal taken by the other, in the absence of a stipulation to that effect or a consolidation of the appeals.8 As the reason for this rule, it has been said that each party taking an appeal must present his own record with especial reference to the errors of which he complains. The respondent can only be called upon to respond to the record which the appellant serves upon him and files in the case. If that record does not present all of the record in the court below favorable to his side, he has the opportunity to correct it by suggesting a diminution of the record. He would have no opportunity to protect himself if, after briefs have been filed, he should find the cause argued, not on the transcript served on him and filed in the cause, but upon the record in some other appeal prepared with reference to other errors, which may in no way affect him, and which he may in fact know nothing about.3 By application of this rule it has been held that if the plaintiff and defendant each appeal from different portions of the same judgment and the causes are not co...