McDonald v. McConkey

Citations

• 54 Cal. 143

Syllabus

<p>Appeal—Attorney—Waiver.—Where an appeal was taken by an attorney not the attorney of record in the Court below, and respondent’s attorney joined with him in certifying the transcript: Held, that the latter waived his right to object to the competency of the former to take the appeal; and intimated by the Court, but not decided, that the attorney taking the appeal was competent to do so, without regard to the waiver; an appeal being, like a writ of error, a new proceeding, and the party appealing having the power to appoint a new attorney.</p>