Legal Opinion
Billings v. Roadhouse
California Supreme Court
Decided July 1, 1855PublishedCited by 4 opinions
Appeal from the County Court of Santa Cruz County. The ease was an appeal from a Justice's Court. The words “ to pay to” were omitted in the undertaking. The Court declared the omission fatal, and dismissed the appeal. Defendant appealed to this Court.
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
The County Court dismissed the appeal on the ground that the appeal bond was defective. The defect pointed out is so trifling, that the obligation of the bond would not be affected by it. Even if it were otherwise, the Court should have given the party leave to file a good bond.
The judgment is reversed, and the cause remanded.
2Cited by4 opinions
- Towle v. BradleySouth Dakota Supreme Court · 1892
- Cohen v. ConnickCalifornia Court of Appeal · 1915
- Norton v. MeaderU.S. Circuit Court for the District of Northern California · 1860
- Territory of Montana v. MilroyMontana Supreme Court · 1888