Biagi v. Howes

Respondent moves to dismiss the appeal from the judgment.

Judgment was rendered and entered in the court below in favor.of plaintiff March 28, 1882. On the 2d June following, defendant’s motion for a new trial was dismissed by the Superior Court. On the 17th of the same month defendant filed and served a notice of appeal from the order dismissing his motion for a new trial, and on the same day filed an undertaking on appeal, as required by section 941 of the Code of Civil Procedure.

July 12, 1882, defendant served and filed a notice of appeal from the judgment, and on the same day filed the…