California Supreme Court, 1887

Kirby v. Harrington

Kirby v. Harrington
California Supreme Court · Decided February 15, 1887
2 Cal. Unrep. 740; 13 P. 218

Kirby v. Harrington

Opinion of the Court

By the COURT.

The certificate of the clerk of the superior court is in due form, and the appeal should be dismissed. But the application of respondent for damages on appeal must be denied. We are not authorized to decide an appeal to be frivolous on the ex parte affidavit of respondent that he has been informed and believes it to be without merit: Vaughn v. Werley, 62 Cal. 181.

Appeal dismissed.

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