Lyons v. Roach
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. The motion was m.ade to dismiss the appeal, on the ground that the appellants had failed to file the transcript within the time required by the rules of the Supreme Court. The further facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
—Motion to dismiss appeal on clerk’s certificate.
When the notice of this motion was served, and the motion brought to a hearing, the plaintiff in the action (Denis Lyons), when the judgment appealed from was entered, and the notice of appeal is claimed to have been served and filed, was dead, having departed this life long prior to the time first above mentioned. This appears by affidavits used on the motion, and is a sufficient suggestion of his death in this court. On such suggestion being made, this court has no authority to proceed further in the cause until his personal…
2Cited by1 opinion
- Pedlar v. StroudCalifornia Supreme Court · 1897