Watson v. Cornell (1878) · DecisionDepot

Watson v. Cornell

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

California Supreme Court Jul 1, 1878 No. No. 5774Published

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Holding. The court dismissed the appeal because the record failed to include a copy of the undertaking on appeal and the Clerk's certificate did not comply with section 953 of the Code of Civil Procedure.

Issues

Whether the record and Clerk's certificate sufficiently established the existence of a valid undertaking on appeal.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The record does not contain a copy of the undertaking on appeal, nor does the certificate of the Clerk, so far as it relates to the undertaking on appeal, conform to sec. 953 of the Code of Civil Procedure.”

Synopsis

Tjransoript—Certificate ob Cierk. — If the transcript does not contain a • copy of the undertaking on appeal, and the certificate of the Clerk is not in conformity with sec. 953, Code Civil Procedure, the appeal will be dismissed.

Judgment was rendered in favor of defendant May 3rd, 1877. Notice of appeal was served and filed July 18th, 1877. The Clerk certifies * * * “ that a good and sufficient undertaking on appeal in due form of law has been executed, and is now on file in said action in my office.”

Respondent moved to dismisa the appeal.

By the Court ; The record does not contain a copy of the undertaking on appeal, nor does the certificate of the Clerk, so far as it relates to the undertaking on appeal, conform to sec. 953 of the Code of Civil Procedure.

Appeal dismissed, without prejudice to-another-appeal.

Watson v. Cornell

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