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Totton v. Superior Court of Sonoma County

Supreme Court of California
Feb 17, 1887
72 Cal. 37 (Cal. 1887)

Opinion

         Rehearing denied.

         Application for a writ of review to annul an order of the Superior Court dismissing an appeal from a Justice's Court in the case of Lockwood v. Totton. In that action, the defendant appeared in the Justice's Court by an attorney, and judgment was rendered against him. He thereupon served and filed a notice of appeal to the Superior Court, which was signed by a different attorney. No notice of substitution of attorneys was given. The Superior Court dismissed the appeal because the notice had not been signed by the attorney of record in the Justice's Court, nor by an attorney who had been formally substituted in his place.

         COUNSEL:

         Laughlin & Thompson, for Petitioner.

          J. A. Barham, for Respondent.


         JUDGES: In Bank.

         OPINION

         THE COURT

         Application for a writ of review.

         In this case the notice of appeal to the Superior Court was properly given. If there is an attorney of record in Justices' Courts, the statute does not require that an attorney should sign the notice of appeal. It may be signed by the party, or any person he may select for that purpose. (Civ. Code Proc., secs. 842, 974.)

         The petition is sufficient, and the demurrer thereto is overruled.

         The order dismissing the appeal is annulled and quashed.

         Ordered accordingly.


Summaries of

Totton v. Superior Court of Sonoma County

Supreme Court of California
Feb 17, 1887
72 Cal. 37 (Cal. 1887)
Case details for

Totton v. Superior Court of Sonoma County

Case Details

Full title:SAMUEL TOTTON, Petitioner, v. SUPERIOR COURT OF SONOMA COUNTY, Respondent

Court:Supreme Court of California

Date published: Feb 17, 1887

Citations

72 Cal. 37 (Cal. 1887)
13 P. 72

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