Karth v. Light
Citations
- 15 Cal. 324
Syllabus
<p>Dismissal of an appeal in the Supreme Court for want of prosecution, in accordance with the rules of the Court, operates as an affirmance of the judgment below, within the statute relative to undertakings on appeal, unless the order of dismissal be vacated during the term.</p> <p>The cases in which dismissal of an appeal will not operate as a bar to a second appeal, and hence not as an affirmance of the judgment below, are those where the dismissal has been made upon some technical defect in the notice of appeal, or the undertaking, or the like. The bar operates where the dismissal is for want of prosecution, and the order is not vacated during the term, or the dismissal is on the merits.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- setting forth the general rule that an action at law will not be enjoined at the instance of a stranger to the proceeding who would not be bound by the judgment
- setting forth the general rule that an action at law will not be enjoined at the instance of a stranger to the proceeding who would not be bound by the judgment
Source: CourtListener parenthetical corpus (CC0).
Judges: Field
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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