California Supreme Court, 1867

Foy v. Domec

California Supreme Court · Decided October 15, 1867 · Sawyer

33 Cal. 317

Cases that cite this one

2 later published cases cite this decision.

State ex rel. Hall v. District Court of the Fifth Judicial District (Mont. 1906)
Lyon County v. Washoe County (Nev. 1873)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court, Sawyer, J.:

The notice of appeal appears to have been served on the 6th, and filed on the 9th, of February, 1867, and respondents move to dismiss because no effectual appeal has been taken. It has been repeatedly held that to render an appeal effectual, under the statute, the filing must precede, or be cotemporaneous with, the service. (Boston v. Haynes, 31 Cal. 107.)

The appeal must be dismissed, and it is so ordered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.