Dillon v. Kelly

California Supreme Court

Dillon v. Kelly

1 Cal. Unrep. 251

CourtCalifornia Supreme Court

DecidedNovember 15, 1865

DocketNo. 845

StatusPublished

This text of 1 Cal. Unrep. 251 (Dillon v. Kelly) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dillon v. Kelly, 1 Cal. Unrep. 251 (Cal. 1865).

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Opinion

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.

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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.

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Bluebook (online)

1 Cal. Unrep. 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillon-v-kelly-cal-1865.