Legal Opinion

Salt Lake Brewing Co. v. Gillman

Idaho Supreme Court

Decided March 3, 1886PublishedCited by 8 opinions

APPEAL from District Court, Alturas County. Tbe notice of appeal must be served before the undertaking is filed. (Hastings v. Halleck, 10 Cal. 32; Hewes v. Oarville Mfg.

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APPEAL from District Court, Alturas County. Tbe notice of appeal must be served before the undertaking is filed. (Hastings v. Halleck, 10 Cal. 32; Hewes v. Oarville Mfg. Co., 62 Cal. 518; Shissler v. Crooks, 1 Idaho, 369; People v. Hunt, 1 Idaho, 371; Clark v. Lowenberg, 1 Idaho, 654.) The order of filing or serving notice of appeal or filing undertaking on appeal is immaterial, so that all the steps necessary to perfect the appeal are taken within the thirty days specified in the statute. (Coker v. Superior Court Colusa Co., 58 Cal. 77; Hall v. Superior Court El Dorado Co., 68 Cal. 24, 8…

1Opinion of the CourtBroderick, J.

On the second day of October, 1885, the plaintiff recovered judgment against the defendants before a *197justice of the peace in Alturas county. On the sixth day of same month the defendants filed with the justice their notice and undertaking on appeal, and on the fifteenth day of the same month they served upon the plaintiff a copy of the notice of appeal. The transcript and papers on appeal were transferred to the district court, and the plaintiff there moved to dismiss the appeal on the ground that the district court had not acquired jurisdiction of the same, as no undertaking on appeal had…

2Cases cited8 opinions

  1. Coker v. Superior CourtCalifornia Supreme Court · 1881
  2. Hall v. Superior CourtCalifornia Supreme Court · 1885
  3. Coulter v. StarkCalifornia Supreme Court · 1857
  4. Clark v. LowenbergIdaho Supreme Court · 1877
  5. Cunningham v. HopkinsCalifornia Supreme Court · 1857

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3Cited by8 opinions

  1. Public Service Electric & Gas Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2007
  2. Reynolds v. CorbusIdaho Supreme Court · 1901
  3. Tootle v. FrenchIdaho Supreme Court · 1891
  4. State ex rel. Jones v. BrownNevada Supreme Court · 1908
  5. Pub Svc Elec & Gas v. FERCCourt of Appeals for the D.C. Circuit · 2007

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