First Natl. Bank of San Luis Obispo v. Henderson

Citations

• 101 Cal. 307
• 35 P. 899
• 1894 Cal. LEXIS 1031

Syllabus

<p>Banking Corporations—Neglect to File and Publish Statements— Repeal op Statute—Release op Error.—In an action by a banking corporation, where one of the defenses set forth in the answer was the failure of the plaintiff to file and publish the statements required by the act of April 1, 1876, and such defense was established at the trial, error in rendering a judgment for the plaintiff was released by the repeal of that act subsequent to the taking of an appeal from the judgment, and the judgment must be affirmed.</p> <p>Id.—Province op Appellate Court—Facts Arising After Appeal— Repeal op Penal Statute—Jurisdiction.—The ordinary rule that the province of an appellate court is to review the judgment of the inferior court as of the time when it was rendered is not inflexible; but matters arising subsequent to an appeal affecting the judgment appealed from will be considered by the appellate court, and in actions of a penal character depending upon a statute, the repeal of the statute pending the appeal will deprive the appellate court of power to render a judgment by which the penalty may be enforced.</p> <p>Id.—Change op Law Pending Appeal.—If a case is appealed, and, pending the appeal, the law is changed the appellate court must dispose of the case under the law in force when its decision is rendered.</p> <p>Id.—Prohibition op Action—Remission op Penalty—Power op'Legislature.—The provision of the act of April l, 1876, prohibiting banking corporations from maintaining any action in the courts of this state, without previous compliance with the requirements of the act, was in the nature of a penalty, which it was competent for the legislature to remit at any time.</p>