Hoyt v. Stark
California Supreme Court
MOTION to dismiss an appeal from an order of the Superior Court of Santa Clara County to sell an appraised excess of homestead value under execution. W. H. Lorigan, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
This is a motion to dismiss an appeal. The uncontroverted facts are the following: The office of the county clerk of Santa Clara County opens at nine, A. M., and closes at five, p. m. After the hour of five, p. m., appellant’s attorney went to the office of the county clerk to file his undertaking upon appeal. It was the last day allowed him by law for this purpose. Finding the office closed, he went to a social club in the city of San José, where he found one of the deputy county clerks. To him he explained the circumstances. The deputy took the undertaking and indorsed it as filed upon that…
2Cases cited3 opinions
- Tregambo v. Comanche Mill & Mining Co.California Supreme Court · 1881
- Edwards v. GrandCalifornia Supreme Court · 1898
- Boyd v. BurrelCalifornia Supreme Court · 1882
3Cited by35 opinions
- Cox v. Tyrone Power Enterprises Inc.California Court of Appeal · 1942
- Lewis-Hall Iron Works v. BlairCourt of Appeals for the D.C. Circuit · 1928
- Carlson v. STATE DEPT. OF FISH AND GAMECalifornia Court of Appeal · 1998
- United States v. LombardoDistrict Court, W.D. Washington · 1915
- W. J. White Co. v. WintonCalifornia Court of Appeal · 1919
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