Pacific Power Co. v. State
Before: Burnett
Synopsis
Appeal—Judgment in Favor op State—Party Aggrieved.—The state of California is a party aggrieved and has the right of appeal from a judgment in its favor in an action brought against it to condemn land, notwithstanding the state in its answer denied any ownership in the land, and declared that the United States was the owner thereof.
Id.—Default in Filing op Brief—Sufficiency of Excuse.—An appeal taken by the state from a judgment will not be dismissed for the failure of the appellant to file its points and authorities within the prescribed time, where it is made to appear that the time to file its briefs was inadvertently allowed to expire by reason of misunderstandings between representatives of the attorney-general’s office and the deputy attorney-general, who had charge of the litigation, as to the obtaining of an extension of time from the court.
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