Forni v. Yoell
California Supreme Court
Motion in the Supreme Court to dismiss an appeal from an order of the Superior Court of Santa Clara County denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
The defendants appealed from the judgment, and from an order denying their motion for a new trial. The plaintiff moves to dismiss the appeal from the order, upon the ground that the undertaking on appeal makes no reference to the appeal therefrom, and consequently, that so far as the order is concerned, the appeal is ineffectual for any purpose. (Code Civ. Proc., sec. 940.)
It is conceded by the appellant that his undertaking as filed was in fact defective in the particular specified, and it is settled by numerous decisions of this court that in such case the appeal must be dismissed, if the…
2Cases cited7 opinions
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- Perkins v. CooperCalifornia Supreme Court · 1890
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3Cited by2 opinions
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