Bennett v. Bennett
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, Sonoma County. The facts will be understood from the opinion. The defendant appealed from an order denying a motion to settle his statement on motion for new trial.
1Opinion of the Court
By the Court, Rhodes, J.:
Motion to dismiss the appeal, under Rule Four, upon a certificate of the Cleric.
The certificate is defective because it does not state whether a statement on appeal was filed.
It is also defective because it does not state the amount or character of the judgment. The copy of the undertaking on appeal specifies the amount, and in some respects the character of the judgment; but the recitals in the undertaking—which may or may not be true—will not be accepted as a substitute for statements which are required to be contained in the certificate.
If the copies of the notice…
2Cited by2 opinions
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