Gordon v. Wansey

California Supreme Court July 1, 1861

Gordon v. Wansey, 19 Cal. 82 (Cal. 1861)

Field

Opinion of the Court

Field, C. J. delivered the opinion of the Court

—Baldwin, J. concurring.

The appeal is dismissed upon the authority of Hastings v. Halleck (10 Cal. 31) and Elliott v. Chapman, (15 Id. 383) without prejudice to a second appeal. If a second appeal be taken, the appellant can use the transcript on file with the same effect as if transmitted with it.

Reference

Full Case Name: GORDON v. WANSEY
Status: Published
Syllabus: Appeal dismissed, because the undertaking on appeal was not filed within five days after notice of appeal filed. Appeal dismissed without prejudice to a second appeal, and permission given to use the transcript on file, if a second appeal be taken. Hastings v. Halleck (10 Cal. 31) and Elliott v. Ghapman, (15 Id. 383) affirmed.