Leech v. West
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The respondent filed his complaint against the appellants, stating that the plaintiff, being in possession of a water lot in San Francisco, lying between Pacific and Jackson streets, and bounded on the east by Front street, and occupying a part of it with his ship, called the Balance, which was well secured, &c.: while the keeper of the vessel was absent, the defendants wrongfully broke said vessel from her…
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Appeal from the Superior Court of the City of San Francisco. The respondent filed his complaint against the appellants, stating that the plaintiff, being in possession of a water lot in San Francisco, lying between Pacific and Jackson streets, and bounded on the east by Front street, and occupying a part of it with his ship, called the Balance, which was well secured, &c.: while the keeper of the vessel was absent, the defendants wrongfully broke said vessel from her moorings, and towed her, with a steamer, into the bay, and cast her adrift; and that the plaintiff had as yet been unable to…
1Opinion of the CourtJustice Heydenfeldt
In this case, a preliminary question is raised by the respondent, the decision of which renders it unnecessary to examine the record any further. Under the statute regulating appeals, twenty days are allowed the appellant to frame his statement of facts, &e.; and the Court below may allow further time upon good cause being shewn. The statute also declares, that if the party shall fail to make out his statement within the twenty days allowed, he shall be deemed to have waived his right.
The appellant allowed the twenty days to expire without taking any step as the law required, or obtaining…
2Cited by3 opinions
- State v. NeilIdaho Supreme Court · 1937
- Seeley v. SabastianOregon Supreme Court · 1870
- People v. MartinCalifornia Supreme Court · 1856