McGrath v. Hyde
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. 'Motion to dismiss appeal. The facts are stated in the opinion.
1Opinion of the Court
Searls, C.
— This is a motion on behalf of the plaintiff to dismiss an appeal prosecuted by the defendant.
Rule 2 of this court requires the appellant to file his transcript within forty days after the appeal is perfected, and the bill of exceptions and statement (if there be any) are settled.
There are two certificates of the clerk of the Superior Court on file, from which it appears that final judgment was entered in the cause against defendant August 20, 1885, nunc pro tunc, as of January 13, 1885; that on October 10, 1885, defendant filed her notice of appeal from the judgment and decree,…
2Cited by2 opinions
- Young v. UpdikeNevada Supreme Court · 1907
- In re the Estate of BurtonCalifornia Supreme Court · 1892