Holcomb v. Sawyer (1876) · DecisionDepot

Holcomb v. Sawyer

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

California Supreme Court Jul 1, 1876 No. No. 5019Published

Before: Crockett

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Holding. The court dismissed the appeals because they were not filed within the sixty-day statutory period required by the Code of Civil Procedure. An appeal is considered nugatory unless both the notice and the appeal bond are filed within that timeframe.

Issues

Whether the appeals were timely filed under the Code of Civil Procedure.
Whether an appeal is valid if the bond and notice are not filed within sixty days.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The appeal from the judgment is dismissed, because it was not taken in time.”

“unless the appeal bond is given within sixty days the appeal is nugatory.”

“Both the bond and notice must be given and filed within sixty days to constitute a valid appeal.”

Synopsis

Appeal eeom Obdee denying a New Tbial.—To render an appeal from an order denying a new trial valid, hoth the notice of appeal and undertaking on appeal must he filed within sixty days after the order is made.

Mr. Justice Crockett, speaking for the Court, said:

The appeal from the judgment is dismissed, because it was not taken in time. The appeal from the order denying the motion for a new trial is also dismissed for the same reason. We are of the opinion that under the Code of Civil Procedure, as amended, which requires that an appeal of that kind be taken within sixty days, that unless the appeal bond is given within sixty days the appeal is nugatory. Both the bond and notice must be given and filed within sixty days to constitute a valid appeal.

Holcomb v. Sawyer

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