Legal Opinion

Koelling v. Rutz

California Supreme Court

Decided September 4, 1895No. S. F. No. 219PublishedCited by 19 opinions

Motion to dismiss an appeal from a judgment of the Superior Court of the City and County of San Francisco. The facts are stated in the opinion of the court.

1Opinion of the CourtHarrison, J.

A motion is made to dismiss the appeal for failure to file the transcript within the time prescribed by the rules of this court, and that the respondent be allowed damages upon the ground that the appeal is not taken in good faith, but for the purpose of hindering and delaying the plaintiff in the collection of the judgment. In support of the latter part of the motion the attorney for the respondent has filed an affidavit stating that, after the rendition of the judgment, and prior to the service of the notice of appeal, one of the attorneys for the defendant proposed to him that the…

2Cases cited1 opinion

  1. Duncan v. GradyCalifornia Supreme Court · 1893

3Cited by19 opinions

  1. Akley v. BassettCalifornia Supreme Court · 1922
  2. Sorensen v. CostaCalifornia Supreme Court · 1948
  3. Janke v. McMahonCalifornia Court of Appeal · 1913
  4. Park v. PowersCalifornia Supreme Court · 1935
  5. Gilardi v. HallamCalifornia Supreme Court · 1981

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