Rose v. Mesmer
California Supreme Court
MOTION to dismiss an appeal from a judgment of the Superior Court of Los Angeles County. The facts are stated in the opinion of the court. Graves, O’Melveny & Shankland, for Andrew J. W. Keating, Appellant.
1Opinion of the CourtHenshaw, J.
— This is a motion to dismiss the attempted appeal of certain defendants in the above-entitled action, upon the ground that the undertaking upon appeal was not filed within the time required by section 940 of the Code of Civil Procedure. The defendants undertook to appeal from a judgment entered upon the sixth day of August, 1900, and served notice of appeal upon all the parties in interest on or before the eleventh day of August, 1900. The undertaking upon appeal was filed upon the seventeenth day of August, 1900. Section 940 of the Code of Civil Procedure declares that “ the appeal is…
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