Welch v. Kenney
California Supreme Court
Appeal from the District Court of the Nineteenth Judicial District, City and County of San Francisco. The plaintiff recovered a judgment, from which the defendant appealed; and on motion of the plaintiff, the appeal was dismissed for failure to file the transcript within the time required by Hule 2 of the Supreme Court. The defendant subsequently moved to set aside the order dismissing the appeal, filing in support of the motion the affidavit referred to in the opinion.
1Opinion of the Court
By the Court, Wallace, C. J.:
On January 31st, 1874, notice was personally served upon the attorney for the appellant, that upon the fifth of February following, the counsel for respondent would move this Court to dismiss the appeal perfected on December 9th, 1873, on the ground that the transcript on appeal had not been filed here within the time limited by the second rule of practice. When the notice was served, the time prescribed by the rule for filing the transcript had expired in point of fact, and the transcript had not been filed. It was suggested at bar, at the hearing of the motion,…
2Cited by3 opinions
- Carter v. PaigeCalifornia Supreme Court · 1888
- Clinton v. ShawCalifornia Court of Appeal · 1943
- Jacobs v. ShenonIdaho Supreme Court · 1895