Wakeman v. Coleman
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The transcript in this case contained a copy of the pleadings, findings of fact of the Court below, and its conclusions of law, the notice of motion for new trial, statement, order denying a new trial, and notice of appeal. Defendants recovered judgment in the Court below, and plaintiffs appealed.
1Opinion of the Court
By the Court,
Sawyer, J.
Respondents move to dismiss the appeal on the following *59grounds: Firstly—The transcript does not contain a copy of the judgment. The appeal is not from the judgment, but from the order denying a new trial. On appeal from an order, it is only required that the “ appellant shall furnish the Court with a copy of the notice of appeal, * * * order appealed from, and a copy of the papers used on the hearing in the Court below.” (Practice Act, Sec. 346.) These papers" are contained in the transcript. Secondly—It does not appear in the transcript that any undertaking has ever…
2Cases cited1 opinion
- Bryan v. BerryCalifornia Supreme Court · 1857
3Cited by2 opinions
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