Buckman v. Whitney
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County. On the 24th day of May, 1862, Buckman, the plaintiff, recovered judgment against Whitney and Wood, the defendants, in the District Court of the Seventh Judicial District, Solano County, for the sum of two thousand five hundred dollars damages and costs of suit.
Read the full summary
Appeal from the District Court, Seventh Judicial District, Solano County. On the 24th day of May, 1862, Buckman, the plaintiff, recovered judgment against Whitney and Wood, the defendants, in the District Court of the Seventh Judicial District, Solano County, for the sum of two thousand five hundred dollars damages and costs of suit. On the 20th day of August, 1862, an application for a new trial was denied, and on the 9th day of September thereafter, an appeal was taken to the Supreme Court. On the 2d day of February, 1864, the respondent moved that the appeal be dismissed. The other facts…
1Opinion of the Court
By the Court, Rhodes, J.
The respondent moves to dismiss the appeal in this case on the ground that the transcript has not been filed in this Court. Affidavits are presented upon both sides, from which it appears that the transcript has not been made out by the Clerk of the Court below, because of the loss from the files of said Court *268of the judgment roll in said cause; but it does not clearly appear which party, if either of them, is accountable for the loss. This Court has no control over the records of the Court below, and cannot properly make any order to supply a lost record; but that…
2Cited by10 opinions
- Satterlee v. BlissCalifornia Supreme Court · 1869
- Boggess v. HarrisTexas Supreme Court · 1897
- Bonds v. HickmanCalifornia Supreme Court · 1866
- City & County of San Francisco v. CarraroCalifornia Court of Appeal · 1963
- Jackson v. DolanCalifornia Court of Appeal · 1922
5 more not listed; retrieve them via the Exa API.