Blair v. Cummings
Before: Sprague
Synopsis
Judgment foe Costs on Dismissal of Appeal.—When a County Court dismisses an attempted appeal from a Justice’s Court, because of the failure of appellant to prosecute the appeal, or for want of jurisdiction of the subject-matter, it may render a judgment for costs against the appellant.
Sprague, J., delivered the opinion of the Court, Rhodes, C. J., Crockett, J., and Wallace, J., concurring.
The power of the County Court to render a judgment against appellant for costs on dismissal of an attempted appeal from a judgment of a Justice’s Court, by reason of failure of appellant to perfect his appeal, or for want of jurisdiction of the subject-matter of the appeal, is undoubted, and was directly affirmed by this Court in the case of The [670]People ex rel. Leet v. The County Court of Placer County, decided at the October Term, 1869.
The writ is, therefore, dismissed.
Temple, J., expressed no opinion.
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