Lowell v. Lowell
California Supreme Court
Appeal by the plaintiff and defendant, from a judgment in the Sixth District Court, County of Sacramento. Denson, J. The allegations in the complaint, with reference to the homestead, are as follows: “ VI.
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Appeal by the plaintiff and defendant, from a judgment in the Sixth District Court, County of Sacramento. Denson, J. The allegations in the complaint, with reference to the homestead, are as follows: “ VI. That those parts of sections 6 and 7, etc.,” * * * (describing the land) “ are the homestead of plaintiff and defendant, and were dedicated as such by a declaration filed June 6th, 1873, by plaintiff, and recorded, etc.; * * * that plaintiff and defendant, at said last named date, were residing on said premises as their home.” The answer “ denies that the piece of real estate described in…
1Opinion of the Court
McKinstry, J.:
These are cross-appeals, the plaintiff appealing from the whole judgment, and the defendant from that portion thereof which decrees the defendant to pay the sum of $100 to A. C. Freeman, attorney for plaintiff, for services rendered.
Defendant’s counsel moved to dismiss the appeal of plaintiff, on the ground that the undertaking on appeal was not filed within one year after the judgment was entered.
An appeal is taken by filing and service of the notice, but it is effectual for no,purpose until the undertaking is filed. The failure to file the undertaking within the time…
2Cases cited1 opinion
- Holcomb v. SawyerCalifornia Supreme Court · 1876
3Cited by3 opinions
- Mott v. MottCalifornia Supreme Court · 1890
- Weinberger v. WeidmanCalifornia Supreme Court · 1901
- Linn v. PiersolCalifornia Court of Appeal · 1918