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Parburt v. Monroe

1 Cal. Unrep. 72 Court Cal. Decision date 1859-04-09 Docket No. 2301 English

Judges I concur: Baldwin, J.

Delivered by TERRY, C. J.

Contents

Majority

p. 72
G. R. PARBURT, Respondent, v. W. P. MONROE, Appellant.
No. 2301;
April 9, 1859.

Headnote

Appeal. — A Frivolous Appeal Manifestly Intended for Delay only calls for an affirmation of the judgment, with damages.
APPEAL from Fifteenth Judicial District, Colusa County.
Parburt for respondent; Raynard & Sanders for appellant.

— This was a proceeding to foreclose a mortgage upon real estate. A demurrer to the complaint was inter

p. 73
posed and was properly overruled, and no answer having been filed within the time allowed by the court upon overruling the demurrer, a judgment was entered pursuant to the prayer of the complaint.

After a careful examination of the record, we are satisfied that the appeal is frivolous and was intended merely for delay; the judgment is therefore affirmed, with ten per cent damages.

I concur: Baldwin, J.