Tompkins v. Montgomery
California Supreme Court
Motion in the Supreme Court to dismiss an appeal from a judgment of the Superior Court of Alameda County, and from an order denying a new trial. A. L. Frick, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
The defendant served and filed a notice of appeal from the judgment and from the order denying a new trial, December 3, 1896, and on December 5th filed an undertaking on appeal in the sum of three hundred dollars, and also an undertaking to stay execution upon the judgment. The plaintiffs excepted to the sufficiency of the sureties, and, on December 38th, upon notice that they would justify on that day before the county clerk, the sureties appeared, and, after examination, failed to justify, and were rejected by the clerk. December 21st the defendant served upon the plaintiffs and filed with…
2Cases cited7 opinions
- Hill v. FinniganCalifornia Supreme Court · 1880
- Fulton v. HannaCalifornia Supreme Court · 1870
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- Schacht v. OdellCalifornia Supreme Court · 1877
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3Cited by14 opinions
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- Nathan v. PorterCalifornia Court of Appeal · 1918
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