McFadden v. Dietz
California Supreme Court
Motion in the Supreme Court to dismiss an appeal from a judgment of the Superior Court of Ventura County. B. T. Williams, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
This case is now before us on a motion of the respondent to dismiss the appeal for failure of the appellant to file his points and authorities within the time specified by the rules of this court, and also upon a motion that respondent be allowed damages upon the dismissal of the appeal, upon the ground that the same was taken merely for delay, etc. .
*699The motion to dismiss the appeal must clearly be granted, for the transcript was filed on the twenty-third day of April, 1896, and at the time the motion was submitted, which was several months afterward, no points and authorities had been filed…
2Cases cited1 opinion
- Pacheco v. BemalCalifornia Supreme Court · 1852
3Cited by9 opinions
- Coleman v. Gulf Insurance GroupCalifornia Supreme Court · 1986
- Gay v. GayCalifornia Supreme Court · 1905
- McCabe v. HealeyCalifornia Supreme Court · 1903
- People v. SumnerCalifornia Court of Appeal · 1968
- Berendsen v. BabdatyCalifornia Court of Appeal · 1923
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