Boston v. Haynes
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. * Defendants recovered judgment in the Court below, and plaintiffs appealed. * ■ The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sawyer, J.:
The notice of appeal appears by the record to have been served on the 12th, and filed on the 13th of September, and respondents move to dismiss on that ground. It has often been held that the statute requires the filing to precede, or be contemporaneous with the service. The appellant’s attorney seeks to obviate the objection by affidavit that the filing was, in fact, on the same day of the service; but this affidavit is met by a counter affidavit that the facts and the record correspond. If it were admissible, therefore, to contradict the record by affidavit, the…
2Cited by14 opinions
- Warren v. HopkinsCalifornia Supreme Court · 1895
- Satterlee v. BlissCalifornia Supreme Court · 1869
- Boggess v. HarrisTexas Supreme Court · 1897
- Boyd v. BurrelCalifornia Supreme Court · 1882
- Mendocino County v. PetersCalifornia Court of Appeal · 1905
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