Blair v. Cummings

39 Cal. 667 | Cal. | 1870

Sprague, J.,

delivered the opinion of the Court, Rhodes, C. J., Crockett, J., and Wallace, J., concurring.

The power of the County Court to render a judgment against appellant for costs on dismissal of an attempted appeal from a judgment of a Justice’s Court, by reason of failure of appellant to perfect his appeal, or for want of jurisdiction of the subject-matter of the appeal, is undoubted, and was directly affirmed by this Court in the case of The People ex rel. Leet v. The County Court of Placer County, decided at the October Term, 1869.

The writ is, therefore, dismissed.

Temple, J., expressed no opinion.