Bray v. Redman

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.