Romine v. Cralle
California Supreme Court
Appeal from a judgment of the Superior Court of Sonoma County, and from an order denying a new trial. Motion to dismiss appeal The facts are stated in the opinion of the court.
1Opinion of the CourtThornton, J.
Motion by respondent (plaintiff in court below) to dismiss two appeals. One of these appeals is from the judgment, and the other from the order denying a new trial. The appeal from the judgment is the second appeal from it.
It appears that on the eighteenth day of January, 1889, an appeal from the judgment in this case was dismissed. On the next day the remittitur was sent to the court below. On the 22d of the same month the order dismissing the appeal was, on motion of appellant’s counsel, modified so as to read “ without prejudice.”
It is now urged that this court had no power to modify the…
2Cited by5 opinions
- People v. PhillipsCalifornia Court of Appeal · 1958
- In Re Estate of RiviereCalifornia Court of Appeal · 1908
- Romine v. CralleCalifornia Supreme Court · 1890
- Boyer v. Pacific Mutual Life InsuranceCalifornia Court of Appeal · 1905
- Romine v. CralleCalifornia Supreme Court · 1891