Bray v. Redman (1856) · DecisionDepot

Bray v. Redman

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1856Published

Before: Terry

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Holding. A justice of the peace may condition the filing of a transcript on the payment of legal fees, but if the justice waives this right and files the papers, the non-payment of fees cannot serve as grounds to dismiss the appeal.

Issues

Whether a justice of the peace may refuse to file a transcript until legal fees are paid.
Whether an appeal may be dismissed for non-payment of fees if the justice of the peace has already filed the papers.

Disposition. reversed

Quotations verified verbatim against the opinion

“A justice of the peace may refuse to send up the transcript of a cause tried by him, unless all his legal fees be first paid by the appellant.”

“if he choose to waive his right, and file the papers, the fact that his fees have not been paid is no ground for dismissing the appeal.”

Synopsis

A justice of the peace may refuse to send up the transcript of a cause tried before him, until his fees are paid by appellant; but, if he sends it up without receiving his fees, the fact that they are not paid is no ground for dismissing the appeal.

The opinion of the Court was delivered by Mr. Justice Terry. Mr. Chief Justice Murray concurred.

A justice of the peace may refuse to send up the transcript of a cause tried by him, unless all his legal fees be first paid by the appellant. (McDermott v. Douglass, 5 Cal.) But if he choose to waive his right, and file the papers, the fact that his fees have not been paid is no ground for dismissing the appeal.

Judgment reversed.

Bray v. Redman

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