Chamberlin v. Reed

Citations

• 16 Cal. 207

Syllabus

<p>Whebe an appeal, regularly taken, is dismissed for want of prosecution, the dismissal operates as an affirmance of the judgment below, and a second appeal cannot be allowed.</p> <p>The only mode of avoiding the consequences of such dismissal is to move, during the term or before the remittitur has gone out, to vacate the order of dismissal and reinstate the cause.</p>