Cross v. Zane

By the Court: The order, which is the subject of the appeal in this case, was not made upon affidavits alone, and it therefore does not [90] fall within the exception in section three hundred and forty-three of the Practice Act. Under the provisions of the Practice Act and the rule upon the subject announced in JELaggin v. Clark, 28 Cal. 162, and uniformly adhered to since, we cannot disturb the order upon the record before us, and it is therefore affirmed.