Beardsley v. Frame
W. H. BEARDSLEY, Assignee etc. v. FRANK FRAME
- Area
- civil
- Panel
- Foote (author), Issac S. Belcher, Hayne
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 — Foote
Foote, C.
The notice of appeal is the initiatory step taken in the Superior Court in order to obtain a hearing upon appeal in this court. That notice must be signed by the attorney of record in that court. (Prescott v. Salthouse, 53 Cal. 221; affirmed in Whittle v. Renner, 55 Cal. 395.)
Being a proceeding which must be commenced in the Superior Court where the trial was had, it is not necessary that the attorney who there conducts it shall be entitled to practice law and be heard in that capacity in this court, provided he be qualified to act and is the attorney of record in the court below.
The motion to dismiss the appeal should be denied.
Belcher, C. C., and Hayne, C., concurred.
The Court.
For the reasons given in the foregoing opinion, the motion to dismiss the appeal is denied.
Cites, in this corpus
- Whittle v. Renner No. 6,915 · 1880-07-01
- Prescott v. Salthouse No. 5830 · 1878-07-01
Cited by
- Nave v. Taugher Civ. No. 3389. · 1920-09-17
- Bashore v. Lamberson Civ. No. 1789. · 1918-02-09