Egressy v. Stansbury (1906) · DecisionDepot

Egressy v. Stansbury

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

California Supreme Court Jul 2, 1906 No. L. A. No. 1873Published

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Holding. The court granted the respondent's motion to dismiss the appeal because the appellant failed to file points and authorities before the expiration of the filing deadline.

Issues

Whether an appeal should be dismissed for failure to file points and authorities within the prescribed time limit.
Whether a subsequent proclamation of legal holidays excuses a failure to file that occurred before the holidays began.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The motion of respondent to dismiss the appeal in the above entitled cause is granted.”

“The act of the governor in proclaiming legal holidays beginning with the 19th of April last could have no effect whatever upon the right of the appellant to file his points and authorities in a case such as this”

Synopsis

Appeal—Dismissal—Time eor Filing Points—Holidays.—An appeal will be dismissed for failure of the appellant to file his points and authorities within the time required, where no legal excuse appears; and where the time expired long before April 18, 1906, and no points were on file when respondent filed his motion to dismiss the appeal, on the 7th of May last, the act of the governor in proclaiming legal holidays, beginning with the 19th of April last, can have no effect upon the rights of the appellant.

THE COURT. The motion of respondent to dismiss the appeal in the above entitled cause is granted. The time for the filing of the appellant’s points and authorities expired long before the eighteenth day of April, 1906. No points and authorities had been filed up to the seventh day of May last, and on that day the motion to dismiss the appeal was filed in this court. The act of the governor in proclaiming legal holidays beginning with the 19th of April last could have no effect whatever upon the right of the appellant to file his points and authorities in a case such as this, where his time had expired before any holidays were proclaimed.

Egressy v. Stansbury

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