Williams v. Superior Court

California Supreme Court

Williams v. Superior Court

47 P. 783, 5 Cal. Unrep. 598

CourtCalifornia Supreme Court

DecidedFebruary 6, 1897

DocketS. F. No. 297

StatusPublished

This text of 47 P. 783 (Williams v. Superior Court) 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

Williams v. Superior Court, 47 P. 783, 5 Cal. Unrep. 598 (Cal. 1897).

Pincite

Opinion

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.

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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.

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Bluebook (online)

47 P. 783, 5 Cal. Unrep. 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-superior-court-cal-1897.