Siebe v. Joshua Hendy Machine Works
Citations
- 86 Cal. 390
- 25 P. 14
- 1890 Cal. LEXIS 1038
Syllabus
<p>Appeal — Practice — Record — Waiver — Stipulation. — The record provided by statute for reviewing evidence is a bill of exceptions, or statement. If the parties wish to waive such record, and substitute a stipulation for it, the intention so to do must appear with reasonable certainty. A stipulation that copies of certain documents printed in the transcript are “correct,” and that the documents were introduced in evidence at the trial, does not dispense with the statutory record.</p> <p>Corporation — Agency — President — Promissory Note. — The president of a corporation engaged in the business of buying and selling machinery, who is authorized by the by-laws to transact its ordinary business without consulting the hoard of directors, has authority to buy machinery for the corporation, and give its promissory note therefor, without a resolution of the board.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that, although contempt order was “immediately appealable,” a discretionary application was required under OCGA § 5-6-35 (a) (2)
- a party who procedurally defaults on appeal is foreclosed from resubmitting the matter for review on appeal
- law of the case doctrine would apply when the party’s first opportunity to appeal was through the discretionary application process rather than a notice of appeal
- “[A]n appellate court maintains jurisdiction over a case until it “has issued the remittitur and the remittitur has been received and filed in the clerk’s office of the court below.”
- “[A] party is not entitled to a second appeal from a single order.”
- “‘[A] party is not entitled to a second appeal from a single order.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hayne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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