Wells, Fargo & Co. v. Anthony
California Supreme Court
Appeal from the County Court of San Joaquin County. The plaintiffs brought an action against the defendant, in the Fourth District Court, (subsequently transferred for trial to the Fifth District Court for San Joaquin County,) to recover the sum of thirty thousand dollars received by him as their agent at Stockton, and converted by him to his own use. Thereafter judgment passed for the plaintiffs for said demanded sum, and costs of suit.
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Appeal from the County Court of San Joaquin County. The plaintiffs brought an action against the defendant, in the Fourth District Court, (subsequently transferred for trial to the Fifth District Court for San Joaquin County,) to recover the sum of thirty thousand dollars received by him as their agent at Stockton, and converted by him to his own use. Thereafter judgment passed for the plaintiffs for said demanded sum, and costs of suit. The Court further adjudged the defendant guilty of fraud in contracting the obligation on which said judgment was rendered, and that the plaintiffs were…
1Opinion of the Court
By the Court, Crockett, J.:
The motion to dismiss the appeal in this case must prevail. The appeal is from a final order entered by a County Judge, discharging the defendant from imprisonment, under the “Act for the relief of persons imprisoned on civil process,” passed April 22d, 1850. (Stats. 1850, p. 407.) The order was entered December 3d, 1867, and the notice of appeal was served and filed February 24th, 1868—more than sixty days after the entry of the order.
The plaintiffs maintain that it was an original “special proceeding,” from which, under section three hundred and thirty-six of the…
2Cited by3 opinions
- Erickson v. Municipal CourtCalifornia Supreme Court · 1934
- Hayes v. First Judicial District CourtMontana Supreme Court · 1891
- Erickson v. Municipal CourtCalifornia Supreme Court · 1934