Boling v. Alton
California Supreme Court
MOTION to dismiss an appeal purporting to have been taken from a judgment of the Superior Court of Madera County. W. M. Conley, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
The plaintiff moves to dismiss the so-called appeal on the ground that no notice of appeal has been given and that, consequently, no appeal has been taken.
Section 940 of the Code of Civil Procedure declares that “An appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered, a notice stating the appeal from, the sarnie, or some specific part thereof, and serving a similar notice upon the adverse party or his attorney.” The defendant has not filed any notice “stating the appeal” from any judgment or order or any part thereof, or any paper…
2Cited by11 opinions
- Fisher v. OliverCalifornia Supreme Court · 1917
- Marcucci v. VowinckelCalifornia Supreme Court · 1913
- Anderson v. Standard Lumber Co.California Court of Appeal · 1923
- Estate of RobersonCalifornia Court of Appeal · 1952
- In Re Estate of FaberCalifornia Supreme Court · 1914
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