Legal Opinion

Vinson v. Los Angeles Pacific Railroad

California Supreme Court

Decided November 28, 1903No. L.A. No. 1360PublishedCited by 7 opinions

MOTION to dismiss an appeal from a judgment of the Superior Court of Los Angeles County. The facts are stated in the- opinion of the court.

1Opinion of the Court

HENSHAW, J.—

This is a motion by the plaintiffs to dismiss the defendant’s appeal from the judgment of the trial court. In Department the motion was granted, and the appeal was dismissed. Upon petition a reconsideration by the court in Bank of the question involved was ordered. The facts are accurately stated in the Department opinion, and are as follows: The ground of the motion is, that the transcript was not filed within forty days after the appeal was perfected. Rule II of this court provides that: 1 ‘ The appellant in a civil action shall, within forty days after the appeal is perfected…

2Cases cited3 opinions

  1. Wall v. MinesCalifornia Supreme Court · 1900
  2. Kelly v. Ning Yung Benevolent Ass'nCalifornia Supreme Court · 1903
  3. Malcolmson v. HarrisCalifornia Supreme Court · 1891

3Cited by7 opinions

  1. Gay v. GayCalifornia Supreme Court · 1905
  2. Haviland v. Southern California Edison Co.California Supreme Court · 1916
  3. Neale v. MorrowCalifornia Supreme Court · 1916
  4. City of Duncan v. AbramsSupreme Court of Oklahoma · 1935
  5. Carver v. San Joaquin Cigar Co.California Court of Appeal · 1911

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