Perkins v. Cooper
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Barbara County, and from an order denying a new trial. Upon a former hearing in Bank, a decision was rendered upon the merits of the appeal on the 8tli of July, 2890, by which the judgment was reversed, and the cause remanded for a new trial. A rehearing was granted, upon the question of the jurisdiction of the court.
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Appeal from a judgment of the Superior Court of Santa Barbara County, and from an order denying a new trial. Upon a former hearing in Bank, a decision was rendered upon the merits of the appeal on the 8tli of July, 2890, by which the judgment was reversed, and the cause remanded for a new trial. A rehearing was granted, upon the question of the jurisdiction of the court. The facts appertaining to this question, and to the dismissal of the appeal, are stated in the present opinion of the court.
1Opinion of the Court
The Court.
Attention was called to the fact so briefly, and in such an incidental way, at the original hearing, that it escaped our notice; but upon rehearing, it is made manifest to us that there is nothing before us, in this cause, which we have jurisdiction to hear and determine.
A money judgment was rendered in the cause October 31, 1888. Notice of appeal was served and filed December 26th of the same year. No undertaking on appeal ivas ever filed or waived. The appeal was therefore “ ineffectual for any purpose.” (Code Civ. Proc., sec. 940; Holcomb v. Sawyer, 51 Cal. 417; Boyd v. Burrel,…
2Cases cited4 opinions
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