Buckman v. Whitney
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County. Plaintiff recovered judgment in the Court below, and defendants appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Sawyer, J.
At the January term, 1864, a motion was made to dismiss the appeal on the ground of delay in filing the transcript in this Court. As an excuse for delay, appellants alleged an inability to make up a transcript on account of a loss of the judgment roll, and asked permission to supply the missing papers. We then said : “ This Court has no control over the records of the Court below, and cannnot properly make any order to supply a lost record; but that duty is within the province of the District Court. * * * Upon proper application being made, it will be the duty of the…
2Cases cited1 opinion
- Buckman v. WhitneyCalifornia Supreme Court · 1864
3Cited by3 opinions
- Satterlee v. BlissCalifornia Supreme Court · 1869
- Close v. CloseOregon Supreme Court · 1895
- People v. CenterCalifornia Supreme Court · 1880