McFadden v. Dietz

Citations

• 115 Cal. 697
• 47 P. 777
• 1897 Cal. LEXIS 496

Syllabus

<p>Appeal—Dismissal — Failure to File Points and Authorities.—An appeal will be dismissed for failure of the appellant to file his points and authorities within the time prescribed by the rules of the court, especially where considerable time thereafter has elapsed without any attempt on the part of the appellant to file the same.</p> <p>Id.—Appeal for Delay—Damages.—Where it appears from an uncontradicted affidavit that the appeal was taken merely for delay, damages will be allowed upon dismissal of the appeal;</p>