Shaw v. Randall
California Supreme Court
Appeal from the Twelfth District. Motion to dismiss appeal on the ground that the undertaking on appeal was not filed within five days after notice of appeal filed. The judgment appealed from was rendered October 28th, 1858, and the undertaking filed February 1st, 1860, the transcript being filed in the Supreme Court February 2d, 1860—the delay in filing the transcript being accounted for.
Read the full summary
Appeal from the Twelfth District. Motion to dismiss appeal on the ground that the undertaking on appeal was not filed within five days after notice of appeal filed. The judgment appealed from was rendered October 28th, 1858, and the undertaking filed February 1st, 1860, the transcript being filed in the Supreme Court February 2d, 1860—the delay in filing the transcript being accounted for. Plaintiff—appellant—filed his affidavit that the only reason why the undertaking was not filed sooner, was that he always supposed he had filed it within the time required by the statute, and was not aware…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
A motion is made in this case to dismiss the appeal, upon the ground that no undertaking was filed within five days after the notice. A similar motion was made in Elliott v. Chapman, (ante) and we held that sec. 348 of the Practice Act, which requires an undertaking to be filed, or a deposit made within five days after the filing of the notice, is mandatory and imperative, and that a compliance with its provisions is necessary to give effect to the appeal. The able and ingenious argument of appellant’s counsel has failed to convince us that this section…
2Cited by9 opinions
- West Coast Advertising Co. v. City & County of San FranciscoCalifornia Supreme Court · 1939
- Whitley v. Superior CourtCalifornia Supreme Court · 1941
- People v. PaciniCalifornia Court of Appeal · 1981
- Thomas v. DriscollCalifornia Court of Appeal · 1940
- Ward v. Fremont Unified School DistrictCalifornia Court of Appeal · 1969
4 more not listed; retrieve them via the Exa API.