Lynch v. Dunn
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendant appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Crockett, J.:
It appears from the transcript in this ease that the notice of appeal was served on the 30th day of August, 1867, but was not filed with the Clerk until the following day, August 31st, 1867. This was insufficient. The filing of the notice must precede or be cotemporaneou s with the service on the adverse party. (Buffendeau v. Edmondson, 24 Cal. 94.) We have adhered to this ruling in numerous subsequent cases, and it must be regarded as settled in this Court. ,
There is no evidence in the cause that a copy of the tran*519script was served at any time on the attorney for…
2Cases cited1 opinion
- Buffendeau v. EdmondsonCalifornia Supreme Court · 1864
3Cited by4 opinions
- State v. California Mining Co.Nevada Supreme Court · 1878
- Lyon County v. Washoe CountyNevada Supreme Court · 1873
- State ex rel. Hall v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1906
- State ex rel. Peart v. Third Judicial District Court, Salt Lake CountyUtah Supreme Court · 1907