Welton v. Garibardi
California Supreme Court
Appeal from the County Court of the County of San Francisco. The Court below dismissed the appeal of this cause from the Justice’s Court, on the ground that notice of appeal must he served on the adverse party, and that service on his attorney in the case was insufficient.
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
This is an appeal from the order of a County Court dismissing an appeal.
The simple ground on which the Court based its decision was, that the statute concerning appeals from Justices’ Courts provides that, “ an appeal may be taken by filing a notice with the justice, and serving it upon the adverse party,” and that the notice in this case was served upon the attorney and not the party.
It is said that the law regulating appeals in other cases, requires the notice to be served upon the party or his…
2Cited by3 opinions
- Miami Copper Co. v. StateArizona Supreme Court · 1915
- In re the Probate of the Will of BrownSupreme Court of Minnesota · 1884
- Neuberger v. BoyceOregon Supreme Court · 1896