Billings v. Roadhouse
California Supreme Court
Billings v. Roadhouse, 5 Cal. 71 (Cal. 1855)
Heydenfeldt
Billings v. Roadhouse
Opinion of the Court
Murray, C. J., concurred.
The County Court dismissed the appeal on the ground that the appeal bond was defective. The defect pointed out is so trifling, that the obligation of the bond would not be affected by it. Even if it were otherwise, the Court should have given the party leave to file a good bond.
The judgment is reversed, and the cause remanded.
Reference
- Full Case Name
- JAMES M. BILLINGS v. JOSEPH ROADHOUSE
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- The omission of the words “ to pay to,” will not invalidate the obligation of an appeal bond. Even were this not the case, where such an omission occurs leave should be granted to file a good bond.