Pacific Mutual Life Insurance v. Edgar
California Supreme Court
MOTION to dismiss an appeal from a judgment of the Superior Court of San Luis Obispo County. E. P. Unangst, Judge. The facts are stated in the opinion.
1Opinion of the Court
COOPER,C.
—Respondent asks that the appeal herein be dismissed because the transcript fails to show that an undertaking on appeal in due form was properly filed. Respondent’s brief was served and filed in September, 1899. Appellant has not suggested any diminution of the record nor offered to supply any proof as to the filing of an undertaking. The Code of Civil Procedure provides (sec. 940) that “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…
2Cases cited3 opinions
- Franklin v. ReinerCalifornia Supreme Court · 1857
- San Francisco & North Pacific Railroad v. AndersonCalifornia Supreme Court · 1888
- Wakeman v. ColemanCalifornia Supreme Court · 1865
3Cited by3 opinions
- Russell v. BanksCalifornia Court of Appeal · 1909
- Village of Hailey v. RileyIdaho Supreme Court · 1907
- Snipsic Co. v. Riverside Music Co.California Court of Appeal · 1907