Martinez v. Gallardo
JOSE JESUS MARTINEZ v. RAFAEL GALLARDO
Syllabus
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Murray, C. J., delivered the opinion of the Court.
Bryan, J., concurred.
The appeal in this case has once been dismissed for want of a proper bond.
It is now contended that the appellant has lost his right to a second appeal by such dismissal.
We are not disposed to consider the right lost, in consequence of some mere technical or clerical mistake.
There has been no final judgment rendered in this Court, and until such judgment, an appeal ought to be entertained at any time within the period allowed by law.
No inconvenience can result from such a rule, as the appellant is responsible in damages if his appeal be frivolous or prosecuted for delay.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 5 cases
View all citing references →Relies on it most ⓘ
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.