Lewis v. Longmaid (1872) · DecisionDepot

Lewis v. Longmaid

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jan 15, 1872 No. No. 3,266Published

Before: Rhodes

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Holding. The court denied a motion to dismiss an appeal because the clerk's certificate failed to provide the necessary information required by Rule Four.

Issues

Whether the clerk's certificate provided sufficient information to support a motion to dismiss under Rule Four.

Disposition. Motion denied.

Quotations verified verbatim against the opinion

“It states neither the amount or the character of the judgment; nor the order or judgment appealed from; nor the date or fact of the service of the notice of appeal; nor that the undertaking on appeal is in due form.”

Synopsis

Appeal from the District Court of the Fifth Judicial Dis- ' trict, San Joaquin County.

The plaintiff’s had judgment in replevin, and the defendant appealed.

By the Court,

Rhodes, J.: Motion to- dismiss the appeal upon the certificate of the Clerk under Buie Four.

The reading of this certificate would scarcely excite a suspicion that it was drawn as the basis of a motion under that rule. It states neither the amount or the character of the judgment; nor the order or judgment appealed from; nor the date or fact of the service of the notice of appeal; nor that the undertaking on appeal is in due form.

Motion denied.

Lewis v. Longmaid

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