Nichols v. Knowles

McFADDEN, Justice.

Appellant by her notice of appeal purported to appeal to this court from the trial court’s order denying her motion for new trial and also from the final judgment. Respondent moved to dismiss the appeal from the trial court’s order denying the motion for new trial on the ground that appellant’s undertaking on appeal applied only to the appeal taken from the judgment, and not to the appeal from the order denying the motion for new trial. Pertinent portions of the undertaking on appeal recite:

“Whereas the plaintiff in the above-entitled action is about to appeal to the Supreme…