Emhoff v. McMann

Citations

• 3 Cal. Unrep. 243
• 23 P. 302
• 1890 Cal. LEXIS 1159

Syllabus

<p>Frivolous Appeal.—Where, on Failure of an Appellant to Appear when his cause is called, and the judgment appealed from is affirmed, with damages for frivolous appeal, on motion of respondents, there being no brief on file, and it thereafter appears that failure to file a brief was due to appellant’s ignorance that his cause was on the calendar, and an examination of the record shows that the appeal was not frivolous, that part of the judgment imposing damages for frivolous appeal will be set aside.</p>