Swasey v. Adair
California Supreme Court
Motion to dismiss an appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the CourtBeatty, C. J.
The respondent in this case moves on several grounds to dismiss the appeal.
1. The transcript contains a copy of an undertaking on appeal, with its indorsements, certified by the county *137clerk to be correct, from which it appears that an undertaking on appeal in due form was properly filed, but this court has held that such evidence of compliance with the statutory provisions as to taking and perfecting appeals (Code Civ. Proc., secs. 940 et seq.) does not satisfy the express requirement of section 953, that the clerk or attorneys must certify that an undertaking in due form has been properly…
2Cases cited2 opinions
- San Francisco & North Pacific Railroad v. AndersonCalifornia Supreme Court · 1888
- Wittram v. CrommelinCalifornia Supreme Court · 1887
3Cited by11 opinions
- Foss v. JohnstoneCalifornia Supreme Court · 1910
- Wilson v. Union Iron Works Dry Dock Co.California Supreme Court · 1914
- Roddy v. Gazette Co.Supreme Court of Iowa · 1914
- Lynch v. GraysonNew Mexico Supreme Court · 1891
- Sharick v. GallowayCalifornia Court of Appeal · 1936
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