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Martinez v. Gallardo

JOSE JESUS MARTINEZ v. RAFAEL GALLARDO

Martinez v. Gallardo, 5 Cal. 155 (1855)
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Court
California Supreme Court · State Highest Courts
Decided
July 1, 1855
Judges
Murray
Citations
5 Cal. 155
Syllabus
Where an appeal is dismissed for want of a proper bond, and no final judgment has been rendered, an appeal can be taken at any time within the period allowed by law.
Summary
Appeal from the District Court of the First Judicial District, Los Angeles County.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Murray

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.

1866–1867: 11870–1871: 11882–1883: 11904–1905: 11938–1939: 118662026peak 1866 · 1

Relies on it most ⓘ

  1. State v. Rosser91 P.2d 295 (Or. 1939)
  2. Groendyke v. Musgrave99 N.W. 144 (Iowa 1904)
  3. Marshall v. Milwaukee & St. Paul Railroad20 Wis. 644 (1866)
  4. Casanova v. Kreusch21 W. Va. 720 (1883)
  5. Dooley v. Foster5 Kan. 269 (1870)

Most recent

  1. State v. Rosser91 P.2d 295 (Or. 1939)
  2. Groendyke v. Musgrave99 N.W. 144 (Iowa 1904)
  3. Casanova v. Kreusch21 W. Va. 720 (1883)
  4. Dooley v. Foster5 Kan. 269 (1870)
  5. Marshall v. Milwaukee & St. Paul Railroad20 Wis. 644 (1866)

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

No citations to other opinions in this database were found.

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