Legal Opinion

Reed v. Kimball

California Supreme Court

Decided July 1, 1877No. 5734PublishedCited by 6 opinions

Appeal from the District Court of the Twenty-second Judicial District, County of Mendocino. J udgment for the plaintiff for $908.57. The defendant undertook to appeal. The other facts are stated in the opinion.

1Opinion of the Court

By the Court :

The respondent moves that the appeal be dismissed, because of the failure of the appellant to file the transcript within the time prescribed by the rules of this Court.

*326It appears by the certificate of the Clerk of the Court in which the judgment was rendered, that on the 22nd day of March last a notice of appeal was served upon the attorney for the respondent, and that on the 5th day of April next thereafter an undertaking on appeal was filed in the Clerk’s office. The Code of Civil Procedure (sec. 940) provides that “ the appeal is ineffectual for any purpose, unless within…

2Cited by6 opinions

  1. Biagi v. HowesCalifornia Supreme Court · 1883
  2. Buhman v. Nickels & Brown Bros.California Court of Appeal · 1905
  3. Taylor v. ClarkU.S. Circuit Court for the District of Southern California · 1898
  4. Voorhees v. Manti CityUtah Supreme Court · 1896
  5. Cook v. Oregon Short Line & Utah Northern Railway Co.Utah Supreme Court · 1891

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