Hyperlawhypertext legal database Brite v. Briggs 6 Cal. Unrep. 922

← Cases

Brite v. Briggs

6 Cal. Unrep. 922 Court Cal. Decision date 1902-04-30 Docket L. A. No. 242 English

Contents

Majority

p. 922
BRITE v. BRIGGS et al.
L. A. No. 242;
April 30, 1902.
68 Pac. 973.

Headnote

Frivolous Appeal—Damages.—Where No Circumstances showing peculiar hardship appear, damages for a frivolous appeal will not be awarded on a dismissal thereof.
APPEAL from Superior Court, Kern. County; J. W. Ma-hon, Judge.
Action by C. R. Brite against John E. Briggs and another. From a judgment for plaintiff the defendants appeal. Appeal dismissed.
T. M. McNaman for appellants; B. Brundge for respondent.

The appeal of the defendants herein is dismissed for failure to file transcript in time. Damages for a frivolous appeal are not awarded upon a dismissal, where no circumstances of peculiar hardship appear.