Wood v. Pendola
California Supreme Court
Appeal from a judgment of the Superior Court of Calaveras County, and from an order refusing a new trial. The motion was to dismiss the appeal from the order denying the new trial, for the want of a sufficient undertaking. A motion for leave to file a new bond was made after submission of the motion to dismiss the appeal. The further facts are stated in the opinion of the court,
1Opinion of the CourtPaterson, J.
The notice of appeal specifies that the defendant appeals from the judgment rendered against him on September 27, 1887, and also from the order made January 13, 1888, denying defendant’s motion for a new trial. In the undertaking on appeal no reference is made to • the order. It recites simply that “ the said *83defendant has appealed to the supreme court of the state of California from said judgment, and from the whole thereof.” Section 954 of the Code of Civil Procedure provides: “If the appellant fails to furnish the requisite papers, the appeal may be dismissed; but no appeal can be…
2Cited by4 opinions
- Schurtz v. RomerCalifornia Supreme Court · 1889
- Wood v. PendolaCalifornia Supreme Court · 1889
- Cook v. Oregon Short Line & Utah Northern Railway Co.Utah Supreme Court · 1891
- Forni v. YoellCalifornia Supreme Court · 1892