Legal Opinion
Foy v. Domec
California Supreme Court
Decided October 15, 1867PublishedCited by 2 opinions
Appeal from the District Court, First Judicial District, Los Angeles County. The defendant appealed. The other facts are stated in the opinion of the Court,
1Opinion of the Court
By the Court, Sawyer, J.:
The notice of appeal appears to have been served on the 6th, and filed on the 9th, of February, 1867, and respondents move to dismiss because no effectual appeal has been taken. It has been repeatedly held that to render an appeal effectual, under the statute, the filing must precede, or be cotemporaneous with, the service. (Boston v. Haynes, 31 Cal. 107.)
The appeal must be dismissed, and it is so ordered.
2Cases cited1 opinion
- Boston v. HaynesCalifornia Supreme Court · 1866
3Cited by2 opinions
- Lyon County v. Washoe CountyNevada Supreme Court · 1873
- State ex rel. Hall v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1906