Duncan v. Grady

Citations

• 99 Cal. 552
• 34 P. 112
• 1893 Cal. LEXIS 711

Syllabus

<p>Appeal—Dismissal—Failure to File Transcript—Damages por Delay__ Upon a motion to dismiss an appeal for failure to file a transcript within the time prescribed by the rules of the appellate court, and for damages for a frivilous appeal, where it appears from the uncontradicted affidavit of the respondent that the appeal was taken solely for delay, and that the right of appeal has been abused, the appeal will be dismissed and damages will ba awarded against the appellant.</p>