Mellois v. Chaine

Citations

• 20 Cal. 679
• 1862 Cal. LEXIS 92

Syllabus

<p>Where an appeal is taken to the Supreme Court from a decision of a Justice’s Court, upon a case submitted on an agreed statement without action, under the three hundred and seventy-seventh section of the Practice Act, the transcript • on appeal must contain a copy of the affidavit required by the same section, showing the reality of the controversy and good faith of the proceeding.</p> <p>Where, instead of this affidavit, the record only showed an allegation in the agreed statement on appeal that the cause was heard in the Court below on an agreed statement of facts, “ and the affidavit of the defendant that the controversy was real,” the appeal was dismissed.</p>