Kirby v. Harrington
California Supreme Court Feb 15, 1887 No. No. 12,011Published
Synopsis
Appeal—Damages on Dismissal.—On the dismissal of an appeal, damages will not be awarded in the respondent’s favor on his ex parte affidavit that he has been informed and believes the appeal to be without merit.
By the COURT. The certificate of the clerk of the superior court is in due form, and the appeal should be dismissed. But the application of respondent for damages on appeal must be denied. We are not authorized to decide an appeal to be frivolous on the ex parte affidavit of respondent that he has been informed and believes it to be without merit: Vaughn v. Werley, 62 Cal. 181.
Appeal dismissed.
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