Legal Opinion

Pacific Paving Co. v. Bolton

California Supreme Court

Decided May 20, 1891No. 14162PublishedCited by 12 opinions

Motion to dismiss an appeal from an order of the Superior Court of the city and county of San Francisco denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

This is a motion to dismiss an appeal from an order denying a new trial.

It is based upon the ground that the appeal was not perfected within the time required by law, inasmuch as appellants filed no undertaking on appeal from the order denying the motion for a new trial.

It appears that appellants filed an undertaking on appeal from the judgment in the sum of three hundred dollars, coupled with an undertaking in the sum of five hundred dollars, for the purpose of staying the execution, conditional upon the affirmance of the judgment.

No reference whatever is found in the undertaking as *155to any…

2Cases cited1 opinion

  1. Schurtz v. RomerCalifornia Supreme Court · 1889

3Cited by12 opinions

  1. Magee v. WhitacreNevada Supreme Court · 1939
  2. Jordan v. JordanIdaho Supreme Court · 1954
  3. Forni v. YoellCalifornia Supreme Court · 1893
  4. Granger v. RobinsonCalifornia Supreme Court · 1896
  5. Little v. ThatcherCalifornia Supreme Court · 1907

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