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· 12/3/1891

Crane v. McCormick

Citations

  • 92 Cal. 176
  • 28 P. 222
  • 1891 Cal. LEXIS 1192

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “supersedeas is presumed to attach in civil cases as soon as a notice of appeal is filed” and “deprives the trial court of the authority to act on the judgment on appeal”
  • clarifying that trial courts have limited authority to dismiss appeals to the Supreme Court and Court of Appeals and that only the appellate courts have the authority to determine whether a notice of appeal or discretionary application is sufficient to invoke appellate jurisdiction
  • “[C]hanges in statutory language generally 22 indicate an intent to change the meaning of the statute.” (citation and punctuation omitted)
  • “if an appellate court determines that an appeal was not authorized because the decision at issue was interlocutory rather than final, . . . then supersedeas never attached”
  • “We again conclude that an order modifying an interlocutory injunction is not directly appealable under OCGA § 5-6-34 (a) (4).”
  • “the appellate court is the sole authority in determining whether a filed notice of appeal . . . is sufficient to invoke its jurisdiction”

Source: CourtListener parenthetical corpus (CC0).

Judges: Paterson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.