Blair v. Cummings

         The cases of Hastings v. Halleck, Buffendeau v. Edmondson and Bond v. Hickman, cited by appellant to show what constitutes an appeal, were appeals from the District to the Supreme Court, and not analogous to this case.

         Those cases were all dismissed on motion of the respondent, with cost awarded by the Court against the appellant; and such has ever been the practice of this Court, both as formerly organized and now constituted.

         If it is warranted in the Supreme Court, for want of proof of service of notice of appeal, or from any other cause, the County Court has the same authority in relation to cases of appeal to that Court.

         JUDGES: Sprague, J., delivered the opinion of the Court, Rhodes, C. J., Crockett, J., and Wallace, J., concurring. Temple, J., expressed no opinion.

         OPINION

          SPRAGUE, Judge

         The power of the County Court to render a judgment against appellant for costs on dismissal of an attempted appeal from a judgment of a Justice's Court, by reason of failure of appellant to perfect his appeal, or for want of jurisdiction of the subject-matter of the appeal, is undoubted, and was directly affirmed by this Court in the case of The People ex rel. Leet v. The County Court of Placer County, decided at the October Term, 1869.

         The writ is, therefore, dismissed.