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Beilby v. Superior Court

F.N. Beilby v. Superior Court of Santa Cruz County

Beilby v. Superior Court, 70 P. 1024 (Cal. 1902)
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Court
California Supreme Court · State Highest Courts
Decided
December 10, 1902
Docket
No. S.F. No. 3413.
Judges
THE COURT.
Citations
70 P. 1024138 Cal. 511902 Cal. LEXIS 446

Opinion of the Court

Petition for certiorari, presenting the following case: Petitioner was plaintiff in an action appealed from justice's court to superior court. Upon a trial de novo there was a verdict for defendant. More than five days after the verdict, but within an extension of time granted by the trial judge, the defendant filed his cost-bill, the amount of which was included in his judgment. Petitioner claims that the judgment is to that extent void, because the trial judge *Page 52 had no power to extend the time for filing the cost-bill, and that, being too late, costs were waived.

We think, however, that the service and filing of a cost-bill is fairly within a proper construction of section 1054 of the Code of Civil Procedure authorizing extensions of time. It is substantially "a notice other than of appeal."

Writ denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1906: 11931: 11933: 119062026peak 1906 · 1

Relies on it most ⓘ

  1. Soda v. Marriott20 P.2d 758 (Cal. Ct. App. 1933)
  2. Coast Electric Service, Inc. v. Jensen295 P. 346 (Cal. Ct. App. 1931)
  3. Smith v. Alford88 P. 16 (Utah 1906)

Most recent

  1. Soda v. Marriott20 P.2d 758 (Cal. Ct. App. 1933)
  2. Coast Electric Service, Inc. v. Jensen295 P. 346 (Cal. Ct. App. 1931)
  3. Smith v. Alford88 P. 16 (Utah 1906)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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