20 Cal. 141 | Cal. | 1862
When the appeal in this case was dismissed at the October term, it was without prejudice to a second appeal. (19 Cal. 81.) This reservation was not intended to give any right of which the statute had deprived the appellant. The Court could not enlarge the time for appealing. The reservation was only intended to prevent the dismissal from operating as a bar to a second appeal, if the time prescribed by statute had not expired.
Rehearing granted, but without costs.