Moore v. Besse
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Cruz County. The defendant appealed. The notice of appeal was served by one Pew, who acted as the agent of appellant and his attorneys. In this Court the respondent moved to dismiss the appeal, upon the ground (among others) that there was no proof of service of the notice of appeal. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Rhodes, J.:
The respondent moves to dismiss the appeal. Only a part of the grounds will be noticed.
The statute does not expressly provide how proof of service of the notice of appeal must be made. It is not doubted that the certificate of the Sheriff, or the admission of the respondent’s attorney, is competent proof of service, but it is insisted that service cannot be proved by the affidavit of a third person. The practice of proving service by affidavit has prevailed for many years, and, so far as we are apprised, without objection until the present time. Service of the notice,…
2Cases cited3 opinions
- People v. Alameda Turnpike Road Co.California Supreme Court · 1866
- Schenck v. McKieNew York Supreme Court · 1849
- Doll v. SmithCalifornia Supreme Court · 1867
3Cited by9 opinions
- Elder v. FrevertNevada Supreme Court · 1884
- Reed v. AllisonCalifornia Supreme Court · 1882
- Fairbairn v. FairbairnCalifornia Court of Appeal · 1961
- Linforth v. WhiteCalifornia Supreme Court · 1900
- Luck v. LuckCalifornia Supreme Court · 1890
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