Legal Opinion

McCobmick v. Belvin

California Supreme Court

Decided September 9, 1892No. 15061PublishedCited by 20 opinions

Motion to dismiss appeals from a judgment and two orders of the Superior Court of San Francisco. The facts are stated in the opinion of the court.

1Opinion of the Court

The Court.

— This is a motion by respondent to dis-

miss three appeals, upon the ground of want of undertaking on appeal.

The appellant, by one notice of appeal, gave notice *183that he appealed from the judgment entered in the case; from an order denying appellants’ motion to dismiss the action; and also from an order denying appellants’ motion to set aside the judgment by default. Only one undertaking on appeal was given, in the sum of three hundred dollars; and it did not refer separately to either of the appeals. “ The undertaking is no undertaking at all”; and there is no remedy under section…

2Cases cited2 opinions

  1. Home & Loan Associates v. WilkinsCalifornia Supreme Court · 1887
  2. Corcoran v. DesmondCalifornia Supreme Court · 1886

3Cited by20 opinions

  1. People v. RyanCalifornia Supreme Court · 1907
  2. People v. Van EwanCalifornia Supreme Court · 1896
  3. Creek v. Bozeman Water Works Co.Montana Supreme Court · 1899
  4. Hernaiz Targa & Co. v. VivasSupreme Court of Puerto Rico · 1914
  5. In re Estate of HeydenfeldtCalifornia Supreme Court · 1897

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