Legal Opinion

Santa Paula Waterworks v. Peralta

California Supreme Court

Decided October 21, 1895No. L. A. No. 18PublishedCited by 2 opinions

APPEAL from Superior Court, Ventura County; B. T. Action by the Santa Paula Waterworks against Julia Peralta, in which judgment was rendered for plaintiff, and defendant appealed. For the failure of appellant to file a brief respondent entered a motion to dismiss the appeal.

1Per curiam

Motion by respondent to dismiss the appeal for failure of appellant to file a brief. We think it sufficiently appears from the affidavits filed by appellant in resistance of the motion that the failure to file the brief arose from a misunderstanding between appellant and his counsel as to whom appellant desired to represent him in this court. Daly & Toland were the attorneys for appellant in the lower court. After the appeal was perfected, appellant, who is a Spaniard, and speaks and understands English very imperfectly, informed Mr. Toland, as the latter understood him, that he intended to…

2Cited by2 opinions

  1. Yolo Water & Power Co. v. EdmandsCalifornia Court of Appeal · 1920
  2. Borgmeyer v. SolomonCalifornia Court of Appeal · 1918

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