gno.law

Chamberlin v. Reed

California Supreme Court · · 1860-07-01 · Published · 16 Cal. 207

CHAMBERLIN v. REED

Area
civil
Panel
Cope (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Cope

Cope, J. delivered the opinion of the Court Field, C. J. concurring.

Where an appeal regularly taken is dismissed for want of prosecution, the dismissal operates as an affirmance of the judgment, and a second appeal cannot be allowed. The only mode of avoiding the consequences of such dismissal is to move, during the term or before the remittitur has gone out, to vacate the order and reinstate the cause. The appeal must be dismissed, and it is so ordered.

See Karth v. Light (15 Cal).

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