# Hemme v. Hays

> California Supreme Court · July 1, 1880 · 55 Cal. 337

URL: https://www.frixlaw.com/law-library/cases/5439789

## Case

- **Full name:** HEMME v. HAYS
- **Court:** California Supreme Court
- **Decided:** July 1, 1880
- **Citations:** 55 Cal. 337
- **Precedential status:** Published
- **Opinion:** Concurrence by Thornton
- **Judges:** Sharpstein, Thornton
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5439789

## Opinion text

Thornton, J., concurring in the judgment:
I concur in the judgment, for the reason that the. appeal is taken from the judgment, and there is no bill of exceptions bringing before us the ruling of the'Court below on the motion for judgment on the pleadings. This motion and the ruling there *340 on is not made a part of the judgment roll by a bill of exceptions. Without such a bill it constitutes no part of the judgment roll, and, in my opinion, the ruling on the motion cannot be considered on this appeal, which is stated in the notice of appeal to be taken from the judgment roll.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5439789. Public record. Not legal advice.