17 Cal. 513 | Cal. | 1861
Baldwin, J. concurring.
It is only where an appealable order is made upon affidavits, and an appeal is taken directly from such order, that a statement is not required. But even then there must be some certificate of the Judge or Clerk specifying the affidavits used. (Prac. Act, secs. 338, 343; Paine v. Linhill et al., 10 Cal. 370.) In the present case, the appeal is from the final judgment, and the orders to which objection was taken were not appealable, and the ruling with reference to them can only be presented like exceptions taken upon the trial, by a regularly prepared statement.
Judgment affirmed.