De Pena v. Trujillo

Citations

• 3 Cal. Unrep. 504
• 30 P. 560
• 1892 Cal. LEXIS 1044

Syllabus

<p>Appeal Without Merit—Damages as Costs.—Defendant in ejectment, after pleading the general issue and possession for the statutory period, filed a disclaimer of any interest, but from a judgment for plaintiff, after a trial by the court, findings of fact being waived, he appealed. The record, however, contained no bill of exceptions or other showing of error, and defendant filed no brief or points and authorities. Held, that the appeal being manifestly without merit, $100 damages would be directed for plaintiff as part of the costs on appeal.</p>