Legal Opinion

Pickett v. Wallace

California Supreme Court

Decided July 1, 1880No. 6,618PublishedCited by 14 opinions

Appeal from Third District Court, County of Alameda. The facts are stated in the opinion.

1Opinion of the Court

In bank, Thornton, J.:

A motion is made herein to dismiss this appeal for a failure to file the transcript within the time prescribed under Rules 3 and 4 of this Court, on the certificate of the Clerk of the Court a quo. The certificate is in accordance with the requirements of Rule 4. Notice of this motion was given on the 16th day of May, 1879, and the transcript was filed on the 24th of December following.

The respondent is entitled to a dismissal of the appeal, unless there is some circumstance which should induce the Court to waive the rule. Rules of Court are but a means to accomplish the…

2Cases cited1 opinion

  1. People v. WilliamsCalifornia Supreme Court · 1867

3Cited by14 opinions

  1. Connell v. HigginsCalifornia Supreme Court · 1915
  2. Gage v. GuntherCalifornia Supreme Court · 1902
  3. Ansco Construction Co. v. Ocean View Estates, Inc.California Court of Appeal · 1959
  4. Cronkhite v. BothwellWyoming Supreme Court · 1892
  5. Hallam v. Commerce Mining & Royalty Co.Court of Appeals for the Tenth Circuit · 1931

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