Funkenstein v. Elgutter
Cases that cite this one
9 later published cases cite this decision.
- Smith v. Clyne (Idaho 1909)
- Smith v. Clyne (Idaho 1908)
- Armantage v. Superior Court (Cal. Ct. App. 1905)
- Italian-Swiss Agricultural Colony v. Bartagnolli (Wyo. 1900)
- Maxson v. Superior Court (Cal. 1899)
- Maxson v. Superior Court (Cal. 1898)
- Gage v. Maryatt (Mont. 1890)
- Fabretti v. Superior Court (Cal. 1888)
- Ketchum v. Superior Court (Cal. 1884)
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
1st. The County Court erred in refusing to dismiss the appeal from the judgment of the Justice.
2d. The Court erred in trying the case anew, as there was no issue of fact in the Justice’s Court from which defendants could appeal. Nor could the Court try said cause on questions of law, as appellant had filed no statement of the grounds upon which he intended to rely. The People ex rel. Jones v. The County Court of El Dorado County, 10 Cal. 19.
Baldwin, J., concurring.
Ordered that the judgment of the County Court be reversed, with' directions to dismiss the appeal from the Justice’s Court, on the authority of The People v. The County Court of El Dorado Co., 10 Cal. 19.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.