Beardsley v. Frame

Decided October 29, 1887

California Supreme Court · decided 1887-10-29

The action was brought by the plaintiff, as the assignee for the benefit of the creditors of Wicktor Ohlson, to recover damages for the alleged conversion of certain personal property. Judgment was rendered in favor of the defendants, from which, and an order refusing a new trial, the plaintiff appealed.

Cited by 2 later decisions — most recently September 1920

2 state decisions

Relies on Prescott v. Salthouse · Whittle v. Renner

Good law ✅— No negative treatment on recordhow we know

Decided 1887-10-29

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Foote, C.

¶1The notice of appeal is the initiatory step taken in the Superior Court in order to obtain a hearing upon appeal in this court. That notice must be signed by the attorney of record in that court. (Prescott v. Salthouse, 53 Cal. 221; affirmed in Whittle v. Renner, 55 Cal. 395.)

¶2Being a proceeding which must be commenced in the Superior Court where the trial was had, it is not necessary that the attorney who there conducts it shall be entitled to practice law and be heard in that capacity in this court, provided he be qualified to act and is the attorney of record in the court below.

¶3The motion to dismiss the appeal should be denied.

Belcher, C. C., and Hayne, C., concurred.The Court.

¶4For the reasons given in the foregoing opinion, the motion to dismiss the appeal is denied.