Paine v. Linhill
Cases that cite this one
3 later published cases cite this decision.
- Western Mining Co. v. Toole (Ariz. 1886)
- Bowring v. Bowring (Utah 1885)
- Stone v. Stone (Cal. 1861)
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
Terry, C. J., and Baldwin, J., concurring.
The appeal in this case was dismissed at the present term, for failure of the appellant to file a transcript of the record. The
In answer to the motion, the respondent shows that the order appealed from was made upon affidavits of the respective parties, and insists that no statement is required.
The Practice Act, after designating the manner in which statements shall be prepared, expressly excepts appeals from an order made upon affidavits filed, and provides that the affidavits shall be annexed to the order, in place of the statement. (§§ 339,343.) All that is requisite, then, in such cases, is that the certificate of the clerk should specify the affidavits used, and to enable him to do so he should, at the time, mark them as filed on the motion.
Motion denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.