Blanc v. Rodgers

California Supreme Court
Blanc v. Rodgers, 47 Cal. 606 (Cal. 1874)

Blanc v. Rodgers

Opinion of the Court

Chief Justice Wallace, speaking for the Court, said:

We are of opinion that whatever interests Mrs. Bodgers has in the property in suit, or its proceeds, must be first *608asserted in some Court having original jurisdiction of such matters. The case of Senter v. De Bernal, relied upon by counsel, was an action for partition governed by rules peculiar to actions of that character, and does not apply to a case like this. We cannot entertain the motion of a stranger to the record to dismiss an appeal. Motion denied.

Reference

Full Case Name
BLANC v. RODGERS
Cited By
1 case
Status
Published
Syllabus
Dismxssaxi of Affbai.—A defendant who appeared separately in an action in which there were several defendants, and who was not served with notice of appeal, or made a party to any proceedings subsequent to the judgment, cannot move to dismiss an appeal taken by one of the other defendants.