Legal Opinion

Galloway v. Rouse

California Supreme Court

Decided March 27, 1883PublishedCited by 4 opinions

Appeal from a judgment of the Superior Court of the county of Contra Costa, and from an order refusing a new trial. The respondents moved to dismiss the appeal. The facts are stated in the opinion of the court.

1Opinion of the Court

Pee Curlam.

“An appealis taken by filing with the clerk of the court in which the judgment or order appealed from is entered a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the adverse party or his attorney. The order of service is immaterial, but the appeal is ineffectual for any purpose unless "within five days after service of the notice of appeal an undertaking be filed, or a deposit of money be made with the clerk, as hereinafter provided, or the undertaking be waived by the adverse party in writing.” (Code of Civil Procedure, §…

2Cited by4 opinions

  1. San Francisco Law & Collection Co. v. StateCalifornia Supreme Court · 1903
  2. Robinson v. Templar Lodge No. 17California Supreme Court · 1896
  3. Tettamauzi v. ZenoSupreme Court of Puerto Rico · 1916
  4. Tettamauzi v. ZenoSupreme Court of Puerto Rico · 1916

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