Bray v. Redman , 1856 Cal. LEXIS 129 ( 1856 )

The opinion of the Court was delivered by Mr. Justice Terry.

Mr. Chief Justice Murray concurred.

A justice of the peace may refuse to send up the transcript of a cause tried by him, unless all his legal fees be first paid by the appellant. (McDermott v. Douglass, 5 Cal.) But if he choose to waive his right, and file the papers, the fact that his fees have not been paid is no ground for dismissing the appeal.

Judgment reversed.