Kaltschmidt v. Weber
California Supreme Court
MOTION to dismiss an appeal from an order of the Superior Court of the City and County of San Francisco denying a new 'trial. Frank IT. Kerrigan, Judge, The facts are stated in the opinion of the court. Arthur H. Barendt, and Charles E. Naylor, for Appellant.
1Opinion of the CourtMcFARLAND, J.
This case is before us on a motion of respondent to dismiss an appeal of appellant from an order denying her motion for a new trial. The motion to dismiss is upon the ground that “said appeal has not been perfected by the filing of an undertaking.”
The order denying the motion for a new trial was made and entered on the fourteenth day of June, 1902. On August 13, 1902, appellant filed her notice of appeal, in due form, from said order of June 14th. On August 16th she filed her undertaking on appeal, the one here in question, which undertaking was sufficient in form and substance, unless it be…
2Cases cited1 opinion
- Forrest v. . HavensNew York Court of Appeals · 1868
3Cited by1 opinion
- Hobson v. Superior CourtCalifornia Court of Appeal · 1924