Cunningham v. Hopkins
California Supreme Court
Appeal from the County Court of Amador County. Action to recover a mining-claim by plaintiffs, Cunningham and Mears, before a justice of the peace. Judgment for defendant. Plaintiffs appeal to the County Court. Defendant moves for a dismissal of the appeal, on the ground that the undertaking of plaintiffs is bad. Plaintiffs then offer to file a good one. Afterwards, the Court refuses permission, and enters judgment of dismissal, from which plaintiffs appeal to this Court.
1Opinion of the CourtBurnett, J.
The plaintiffs brought this action before a justice of the peace, when judgment was given against them for costs, from which they appealed to the County Court. The appeal was dismissed upon the ground that the undertaking was insufficient, and plaintiff appealed to this Court.
In the late' case of Bryan v. Berry et al., we held that “ where a mere defective undertaking has been bona fide given, and the appellant will file a good one before the case is submitted, this Court will allow him to do so.”
In this case, the plaintiffs offered to amend the bond before the motion to dismiss was…
2Cited by4 opinions
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