Williams v. Superior Court (1897) · DecisionDepot

Williams v. Superior Court

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

California Supreme Court Feb 6, 1897 No. S. F. No. 297Published

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Holding. The court held that a writ of certiorari should be dismissed because the trial court's finding that a notice of appeal had been filed was justified, despite the absence of a docket entry.

Issues

Whether the absence of a docket entry is conclusive proof that a notice of appeal was not filed.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The marking of the filing is not the exclusively competent evidence of the filing of the paper, and the absence of an entry in the justice’s docket is not conclusive proof of the fact that it had not been filed.”

Synopsis

Justice of Peace—Notice of Appeal—Evidence of Filing.-—-The marking of the filing of a notice of appeal by a justice is not the only competent evidence of the filing of the paper, and the absence of an entry in the justice’s docket is not conclusive proof of the fact that it had not been filed.

PER CURIAM. The court is unanimously of the opinion that the writ ought to be dismissed. The fact, impliedly found by the court in exercising jurisdiction, that the notice of appeal had been filed, was, under the circumstances, entirely justified. The marking of the filing is not the exclusively competent evidence of the filing of the paper, and the absence of an entry in the justice’s docket is not conclusive proof of the fact that it had not been filed. Writ dismissed.

Williams v. Superior Court

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