Bank of Escondido v. Superior Court of San Diego
California Supreme Court
Certiorari to review the action of the Superior Court of the county of San Diego refusing to dismiss an appeal for want of jurisdiction. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
One W. C. Smith, aggrieved at an adverse judgment of the justice’s court in an action wherein he was plaintiff and the Bank of Escondido defendant, gave notice of appeal to the superior court, and in due time fiLd the requisite undertaking. Two days thereafter one of the sureties left with the justice a written notice of withdrawal from the appeal bond, and the justice informed Smith’s attorney of the action of the surety. On February 5th, within the five days limited by law, the attorney of the bank excepted to the sufficiency of the sureties; on February 6th notice was given by Smith that…
2Cases cited4 opinions
- Buckley v. Superior CourtCalifornia Supreme Court · 1892
- Blair v. HamiltonCalifornia Supreme Court · 1867
- History Co. v. LightCalifornia Supreme Court · 1892
- Ballard v. . BallardNew York Court of Appeals · 1859
3Cited by9 opinions
- State ex rel. Alladio v. Superior CourtWashington Supreme Court · 1897
- Pickwick Stages System v. Superior CourtCalifornia Court of Appeal · 1934
- W. P. Jeffries Co. v. Superior CourtCalifornia Court of Appeal · 1910
- Budd v. Superior CourtCalifornia Court of Appeal · 1910
- Bush v. BakerMontana Supreme Court · 1913
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