Vaughn v. Werley

California Supreme Court Nov 23, 1882 No. No. 8,726Published

AI Brief

AI-generated · verify before citing

Holding. The court dismissed the appeal due to the failure to file a transcript and denied the application for damages because there was no evidence the appeal was taken for delay.

Issues

Whether the appeal should be dismissed for failure to file a transcript.
Whether damages should be awarded for an appeal taken for delay.

Disposition. Dismissed; application for damages denied.

Quotations verified verbatim against the opinion

“The appeal is dismissed.”

“In the absence of the transcript we have nothing from which to determine that the appeal was taken for delay.”

“Application for damages denied”

Synopsis

Motion to dismiss appeal.

The Court: No transcript on appeal has been filed. The certificate of the Clerk below is on file, showing the matters required by Rule 4 of this Court. The appeal is dismissed.

We are asked to affix damages. The statute authorizes damages on affirmance of the judgment, if it appear that the appeal was taken for delay. In the absence of the transcript we have nothing from which to determine that the appeal was taken for delay. Application for damages denied

More from California Supreme Court

People v. Wende (1979)
People v. Watson (1956)
People v. Superior Court (Romero) (1996)
People v. Kelly (2006)
Auto Equity Sales, Inc. v. Superior Court (1962)
Aguilar v. Atlantic Richfield Co. (2001)
People v. Lewis (2021)
In Re Estrada (1965)
Denham v. Superior Court (1970)
People v. Marsden (1970)

Related research