Dillon v. Kelly (1865) · DecisionDepot

Dillon v. Kelly

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

California Supreme Court Nov 15, 1865 No. No. 845Published

Before: Currey, Rhodes, Sawyer, Shafter

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Holding. The court affirmed the lower court's judgment with damages, finding that the appellant failed to prosecute the appeal and that the appeal was frivolous and taken for delay.

Issues

Whether the appeal should be dismissed or affirmed due to the appellant's failure to prosecute.
Whether the appeal was taken for delay.

Disposition. Affirmed with damages.

Quotations verified verbatim against the opinion

“We have examined the transcript and are satisfied that the appeal is frivolous and intended for delay.”

“Judgment affirmed, with fifteen per cent damages.”

Synopsis

APPEAL from Fifth Judicial District, San Joaquin County.

SAWYER, J. The appeal in this ease was perfected May 11, 1865, in time to be docketed in this court for the July term. Two terms passed without any steps having been taken by appellant to prosecute his appeal. The respondent has now filed the transcript and submitted the cause with a request that the judgment be affirmed with damages on the ground that the appeal was taken for delay’. We have examined the transcript and are satisfied that the appeal is frivolous and intended for delay.

Judgment affirmed, with fifteen per cent damages.

We concur: Shafter, J.; Currey, J.; Rhodes, J.

Dillon v. Kelly

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