Bullard v. McArdle
California Supreme Court
Appeal from an order of the Superior Court of Fresno County granting a new trial. The facts are stated in the opinion of the court.
1Opinion of the Court
Harrison, J. —
A money judgment was recovered in the justice’s court against the plaintiff herein, on the 19th of July, 1889, from which on the same day he appealed to the superior court upon questions of law and fact, .giving a sufficient undertaking for the appeal, and to stay execution upon the judgment. The record on the appeal was filed in the superior court September 5, 1889, but on the 21st of October the plaintiff in the action, evidently not knowing that fact, obtained an order dismissing the appeal, upon the ground that the papers on appeal had not been filed. The appeal when filed…
2Cases cited12 opinions
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