Legal Opinion

Peek v. Peek

California Supreme Court

Decided March 20, 1888No. 12315PublishedCited by 1 opinion

Appeal from a judgment of the Superior Court of San Bernardino County, and from an order refusing a new trial. The facts are stated in the opinion. H. G. Rolfe, for Respondent.

1Opinion of the Court

Hayne, C.

—On October 5th the court ordered that the cause be submitted on briefs to be filed, the appellant to file his opening brief within thirty days, the respondent to have thirty days to answer, and the appellant ten days to reply. The .appellant neglected to file his opening brief, and on November 26th the respondent filed a document which contained no argument, but simply called attention to the defendant’s default,- and asked that the judgment and order be affirmed. About three weeks after this the appellant’s counsel, without (so far as the record shows) having obtained any extension…

2Cases cited4 opinions

  1. Brewster v. JohnsonCalifornia Supreme Court · 1876
  2. Hickinbotham v. MonroeCalifornia Supreme Court · 1865
  3. Scott v. SowdenCalifornia Supreme Court · 1888
  4. Faris v. LampsonCalifornia Supreme Court · 1887

3Cited by1 opinion

  1. Drexler v. Seal Rock Tobacco Co.California Supreme Court · 1889

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