Whittle v. Renner
California Supreme Court
Motion to dismiss appeal. There appears upon the answer, and upon the notice of intention to move for anew trial, and upon the statement, an acknowledgment of service, signed, “Edwin Shearer, Attorney for the Plaintiff”; and the findings and judgment recite, that E. Shearer appeared as counsel for the plaintiff. The other facts are stated in the opinion.
1Opinion of the Court
Thornton, J.:
In this cause a motion is made to dismiss the appeal taken from the judgment and from the order denying a new trial, on the ground that the notices of appeal were not served on the attorney of record of the plaintiff in the Court below, respondent here. T. A. Bantz was the attorney of record, and the notice of appeal was served on E. Shearer. There was no substitution of Shearer in place of Bantz.
It provided by § 940 of the Code of Civil Procedure, that “ an appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered, a notice…
2Cases cited1 opinion
- Prescott v. SalthouseCalifornia Supreme Court · 1878
3Cited by9 opinions
- Youlian v. WilliamsCalifornia Supreme Court · 1947
- Jackson v. JacksonCalifornia Court of Appeal · 1945
- McMahon v. ThomasCalifornia Supreme Court · 1896
- Starkweather v. EddyCalifornia Supreme Court · 1925
- Nave v. TaugherCalifornia Court of Appeal · 1920
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