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62 Cal. 181

Vaughn v. Werley

California Supreme Court

Decided November 23, 1882

California Supreme Court · decided 1882-11-23

<p>Dismissal or Appeal—Damages.—On dismissal of appeal for failure to file transcript, damages can not be imposed.</p>

Cited by 2 later decisions — most recently January 1892

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1882-11-23

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The Court:

¶1No transcript on appeal has been filed. The certificate of the Clerk below is on file, showing the matters required by Rule 4 of this Court. The appeal is dismissed.

¶2We are asked to affix damages. The statute authorizes damages on affirmance of the judgment, if it appear that the appeal was taken for delay. In the absence of the transcript we have nothing from which to determine that the appeal was taken for delay. Application for damages denied

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