Dooling v. Moore
Before: Field
Synopsis
Filling notice of appeal must precede the filing of the undertaking on appeal, or the appeal will be dismissed.
The dismissal in this case was without prejudice to a second appeal; and if a second appeal should be taken, permission given to use the transcript on file.
Until an appeal is taken by filing the proper notice, the undertaking' is of no effect. BucJcholder v. Byers (10 Cal. 481) affirmed.
Field, C. J. delivered the opinion of the Court —Baldwin, J. and Cope, J. concurring.
The appeal in this case is dismissed upon the authority of Buckholder v. Byers (10 Cal. 481). The dismissal is without prejudice to a second appeal. If a second appeal be taken, the transcript on file can be used with the like effect as if brought up with it.
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