Pioneer Truck Co. v. Hawley
California Court of Appeal
MOTION to dismiss an appeal from a judgment of the Superior Court of Los Angeles County. iWm. D. Dehy, Judge. Denied. The facts are stated in the opinion of the court.
1Opinion of the CourtConrey, P. J.
The first ground of the motion is that the notice of appeal was not served upon respondent’s attorney, and that no undertaking on appeal was filed within five days from the filing of the notice of appeal. The motion cannot he sustained upon the ground stated. Under the alternative method of taking an appeal, provided by sections 941a, 941'b and 941c of the Code of Civil Procedure, it was sufficient to file the notice of appeal, without serving it upon the respondent or his attorney, and without filing any undertaking on appeal. It is only for the purpose of obtaining a stay of proceedings…
2Cases cited3 opinions
- Lang v. Lilley and Thurston Co.California Supreme Court · 1911
- Beckett v. StuartCalifornia Court of Appeal · 1918
- Chung Sing v. Southern Pacific Co.California Supreme Court · 1918
3Cited by1 opinion
- Title Guarantee & Trust Co. v. LesterCalifornia Supreme Court · 1932