Hastings v. Halleck

Motion to dismiss appeal. The notice of appeal was served June 11th, 1858, and the notice and undertaking filed June 28th.

To constitute an appeal there are three things necessary: first, filing the notice; second, service of the same; and third, filing the undertaking. All these steps must be taken within the times limited by the statute. ’ If not so taken, there is no appeal perfected, and this Court has no jurisdiction of the case. (Bryan v. Berry, 8 Cal. Rep., 133 ; Franklin v. Renier, 8 Cal. Rep., 340 ; Whipley v. Mills, 9 Cal. Rep., 641.)

The three hundred and thirty-seventh section of…