Buchner v. Malloy
California Supreme Court
MOTION to dismiss an appeal from a judgment of the Superior Court of Siskiyou County, and from an order refusing a new trial. J. S. Beard, Judge. The facts are stated in the opinion of the court. Gillis & Tapscott, and Charles J. Luttrell, for Appellant.
1Opinion of the CourtAngellotti, J.
This is a motion to dismiss the appeal of Daniel Malloy from the judgment given against him in the above-entitled action, and from the order denying his motion for a new trial in said action, upon the ground that no sufficient or any undertaking on appeal was filed upon either of said appeals.
It will be assumed for the purposes of the decision that it appears from the record before us that the only undertaking on appeal filed in the superior court was the one of which a copy is contained in the moving papers. So far as is material, that undertaking is as follows:—
“Whereas Daniel Malloy, one…
2Cases cited3 opinions
- Bell v. StaackeCalifornia Supreme Court · 1902
- Granger v. RobinsonCalifornia Supreme Court · 1896
- Dodge v. KimpleCalifornia Supreme Court · 1898
3Cited by3 opinions
- Magee v. WhitacreNevada Supreme Court · 1939
- Bell v. StaackeCalifornia Supreme Court · 1911
- Mikulich v. CarnerNevada Supreme Court · 1951