Blanc v. Rodgers (1874) · DecisionDepot

Blanc v. Rodgers

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

California Supreme Court Jul 1, 1874 No. No. 3,849Published

AI Brief

AI-generated · verify before citing

Holding. The court held that it lacks jurisdiction to entertain a motion to dismiss an appeal filed by a stranger to the record and that claims regarding property interests must be asserted in a court of original jurisdiction.

Issues

Whether a stranger to the record has standing to move for the dismissal of an appeal.
Whether the court has original jurisdiction to adjudicate property interests in the current proceeding.

Disposition. Motion denied.

Quotations verified verbatim against the opinion

“We cannot entertain the motion of a stranger to the record to dismiss an appeal.”

Synopsis

Dismxssaxi of Affbai.—A defendant who appeared separately in an action in which there were several defendants, and who was not served with notice of appeal, or made a party to any proceedings subsequent to the judgment, cannot move to dismiss an appeal taken by one of the other defendants.

Chief Justice Wallace, speaking for the Court, said:

We are of opinion that whatever interests Mrs. Bodgers has in the property in suit, or its proceeds, must be first [608]asserted in some Court having original jurisdiction of such matters. The case of Senter v. De Bernal, relied upon by counsel, was an action for partition governed by rules peculiar to actions of that character, and does not apply to a case like this. We cannot entertain the motion of a stranger to the record to dismiss an appeal. Motion denied.

Blanc v. Rodgers

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief