Boyd v. Burrel
California Supreme Court
Appeal from an order denying the plaintiff’s motion for a new trial in the Thirteenth District Court in and for the County of Fresno. Campbell, J.
1Opinion of the Court
McKinstry, J.:
This appeal must be dismissed. The notice of appeal was served upon the attorneys of the adverse parties December 18, 1879; the undertaking on appeal was filed January 30, 1880.
Section 940 of the Code of Civil Procedure declares that an appeal shall be of no avail unless the undertaking shall be filed within five days after service of notice.
The notice of appeal was filed January 30, 1880. But the *282filing with the Clerk of the notice of appeal and its service upon the adverse party are not parts of a continuous act, which, as a whole, constitutes the service of the notice of…
2Cases cited4 opinions
- Tregambo v. Comanche Mill & Mining Co.California Supreme Court · 1881
- Buffendeau v. EdmondsonCalifornia Supreme Court · 1864
- Boston v. HaynesCalifornia Supreme Court · 1866
- Smith v. BrannanCalifornia Supreme Court · 1859
3Cited by25 opinions
- Warren v. HopkinsCalifornia Supreme Court · 1895
- Biaggi v. RamontCalifornia Supreme Court · 1922
- Hoyt v. StarkCalifornia Supreme Court · 1901
- Reed v. MurphyCalifornia Supreme Court · 1925
- Mondakota Gas Co. v. Montana-Dakota Utilities Co.Court of Appeals for the Ninth Circuit · 1952
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