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 á new trial. The facts are stated in the opinion.
1Opinion of the Court
Searls, C.
This is an action of ejectment. Plaintiff had judgment, from which and from an order denying a new trial defendants appeal. Respondent objects to the appeal from the order denying a new trial, and moves to dismiss the same upon the ground that no undertaking was filed. This motion would be unanswerable under the rule laid down in Pacific Paving Co. v. Bolton, 89 Cal. 154; Perkins v. Cooper, 87 Cal. 244; Crew v. Diller, 86 Cal. 554, and other cases of like import, but for one thing, and that is that counsel for respondent and appellants stipulated in due form as follows: “ And it is…
2Cases cited17 opinions
- Dow v. RossCalifornia Supreme Court · 1891
- Barron v. DelevalCalifornia Supreme Court · 1881
- Carey v. BrownCalifornia Supreme Court · 1881
- Mullally v. Irish-American Benevolent SocietyCalifornia Supreme Court · 1886
- Wall v. HealdCalifornia Supreme Court · 1892
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3Cited by15 opinions
- Hamaker v. KeatingCalifornia Supreme Court · 1910
- Mallory v. SeeCalifornia Supreme Court · 1900
- Fuller v. AndersonSouth Dakota Supreme Court · 1926
- Gardner v. StareCalifornia Supreme Court · 1901
- State ex rel. Grant v. First Judicial District CourtUtah Supreme Court · 1910
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