People ex rel. Fogg v. Perris Irrigation District (1899) · DecisionDepot

People ex rel. Fogg v. Perris Irrigation District

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

California Supreme Court Oct 30, 1899 No. L. A. No. 743Published

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Holding. The court held that a motion to dismiss an appeal cannot be granted on the grounds that the appeal lacks merit, as the merits of the case must be addressed through the appellate process rather than a motion to dismiss.

Issues

Whether an appeal may be dismissed on the ground that the appellants lack a sufficient interest in the judgment.
Whether a lack of merit in an appeal constitutes a valid ground for dismissal.

Disposition. Motion denied.

Quotations verified verbatim against the opinion

“Want of merit in an appeal is not a ground for dismissing it.”

Synopsis

Appeal—Merits.—Motion to Dismiss Appeal on the Ground that appellants have no interest Avill not be sustained.

PER CURIAM. This is a proceeding by quo warranto to determine the de jure existence of a de facto irrigation district. Certain bondholders of the district were allowed to intervene against the people, and have appealed from a judgment declaring the organization illegal. The people now move to dismiss the appeal upon the ground that the interveners have no interest, there being no judgment against them. The motion involves the whole merits of- the case as presented on the part of the appellants by their intervention in the superior court and by their appeal. Want of merit in an appeal is not a ground for dismissing it. Motion denied.

People ex rel. Fogg v. Perris Irrigation District

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