Dooling v. Moore
California Supreme Court
Appeal from the County Court of Nevada. Action commenced November 16th, 1859, in a Justice’s Court, upon two promissory notes for one hundred dollars each, dated May 14th, 1859, and drawing interest from date at the rate of three per cent, per month—plaintiff claiming as due three hundred and eighty dollars. The case was tried and plaintiff had judgment.
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Appeal from the County Court of Nevada. Action commenced November 16th, 1859, in a Justice’s Court, upon two promissory notes for one hundred dollars each, dated May 14th, 1859, and drawing interest from date at the rate of three per cent, per month—plaintiff claiming as due three hundred and eighty dollars. The case was tried and plaintiff had judgment. Defendant appealed to the County Court where plaintiff, on the nineteenth of January, 1861, had verdict and judgment for four hundred and sixty-five dollars and costs. Motion for new trial having been overruled on the twenty-fifth of…
1Opinion of the CourtField, C. J.
—Baldwin, J. and Cope, J. concurring.
The appeal in this case is dismissed upon the authority of Buckholder v. Byers (10 Cal. 481). The dismissal is without prejudice to a second appeal. If a second appeal be taken, the transcript on file can be used with the like effect as if brought up with it.
2Cases cited1 opinion
- Buckholder v. ByersCalifornia Supreme Court · 1858
3Cited by5 opinions
- Little v. JacksCalifornia Supreme Court · 1886
- Dooling v. MooreCalifornia Supreme Court · 1862
- Weiss v. Board of County Commissioners of Jackson CountyOregon Supreme Court · 1880
- American Surety Co. of New York v. Superior CourtCalifornia Supreme Court · 1933
- Dooley v. FosterSupreme Court of Kansas · 1870