Whipley v. Mills
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento.
1Opinion of the CourtBurnett, J.
The judgment in this case was rendered on the 29th March, 1852. Notice of appeal filed in the Clerk’s office April 15th, 1852, and transcript on appeal filed in this Court June 17th, 1857. The record contains no evidence that a copy of the notice was served upon the appellee, as required by the 337th section of the Code.
The appeal is made by filing and serving the notice. Both requisites must exist to complete the appeal. If either could be omitted, it would be the filing of the notice. A failure to notify the other party is more material than a failure to file in the Clerk’s office. No copy…
2Cited by11 opinions
- Tucker v. BrownWashington Supreme Court · 1944
- Hastings v. HalleckCalifornia Supreme Court · 1858
- Opening of Gold Street v. NewtonSupreme Court Of The Territory Of Dakota · 1878
- Commercial National Bank of Ogden v. United States Savings, Loan & Building Co.Utah Supreme Court · 1896
- Candelas v. RamírezSupreme Court of Puerto Rico · 1914
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