Cunningham v. Hopkins
Cases that cite this one
4 later published cases cite this decision.
- Stimpson Computing Scale Co. v. Superior Court (Cal. Ct. App. 1910)
- Vaill v. Town Council (R.I. 1893)
- McCracken v. Superior Court (Cal. 1890)
- Salt Lake Brewing Co. v. Gillman (Idaho 1886)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiffs brought this action before a justice of the peace, when judgment was given against them for costs, from which they appealed to the County Court. The appeal was dismissed upon the ground that the undertaking was insufficient, and plaintiff appealed to this Court.
In the late' case of Bryan v. Berry et al., we held that “ where a mere defective undertaking has been bona fide given, and the appellant will file a good one before the case is submitted, this Court will allow him to do so.”
In this case, the plaintiffs offered to amend the bond before the motion to dismiss was determined, and they should have been permitted to do so.
Judgment reversed, and cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.