Bornheimer v. Baldwin
California Supreme Court
Appeal from the District Court of the Fourth District, City and County of San Francisco. The case is stated in the opinion of the Court.
1Opinion of the CourtRhodes, J.
The appeal from the judgment was not taken within one year after the rendition of the judgment, and must, therefore, be dismissed.
The respondent also moves to dismiss the appeal from the order refusing a new trial, on the ground that no undertaking on appeal from that order was given. No offer was made by the appellants to file an undertaking on appeal according to the provisions of Section 3 of the Act of 1861. (Stats. 1861, p. 589.) The undertaking recites the appeal from the judgment, but no mention is therein made of the appeal from the order. It does not secure the payment of the damages…
2Cited by6 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Sharon v. SharonCalifornia Supreme Court · 1885
- Corcoran v. DesmondCalifornia Supreme Court · 1886
- Granger v. RobinsonCalifornia Supreme Court · 1896
- Sebree v. SmithIdaho Supreme Court · 1888
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