Solomon v. Justices' Court

California Court of Appeal

Solomon v. Justices' Court

36 Cal. App. 152

CourtCalifornia Court of Appeal

DecidedFebruary 5, 1918

DocketCiv. No. 2473

StatusPublished

This text of 36 Cal. App. 152 (Solomon v. Justices' Court) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Solomon v. Justices' Court, 36 Cal. App. 152 (Cal. Ct. App. 1918).

Pincite

Opinion

THE COURT.

This is an appeal from a judgment entered after the sustaining of a demurrer to a complaint without leave to amend. There is on file a typewritten clerk’s transcript setting forth the judgment-roll in the action, but no points and authorities in support of the appeal have ever been filed. As it is incumbent upon an appellant in any ease to make an affirmative showing that the trial court has committed error in the case, before he can be relieved from the effects of the judgment appealed from, the judgment is affirmed. As it appears to us that the appeal is frivolous, the respondents, in addition to any costs recoverable by them because of the affirmance of the judgment, shall have and recover from the appellant the sum of fifty dollars as damages.

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THE COURT.

This is an appeal from a judgment entered after the sustaining of a demurrer to a complaint without leave to amend. There is on file a typewritten clerk’s transcript setting forth the judgment-roll in the action, but no points and authorities in support of the appeal have ever been filed. As it is incumbent upon an appellant in any ease to make an affirmative showing that the trial court has committed error in the case, before he can be relieved from the effects of the judgment appealed from, the judgment is affirmed. As it appears to us that the appeal is frivolous, the respondents, in addition to any costs recoverable by them because of the affirmance of the judgment, shall have and recover from the appellant the sum of fifty dollars as damages.

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Bluebook (online)

36 Cal. App. 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-v-justices-court-calctapp-1918.