Bornheimer v. Baldwin
Cases that cite this one
4 later published cases cite this decision.
- Sharon v. Sharon (Cal. 1885)
- Granger v. Robinson (Cal. 1896)
- Sebree v. Smith (Idaho 1888)
- Corcoran v. Desmond (Cal. 1886)
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
The appeal from the judgment was not taken within one year after the rendition of the judgment, and must, therefore, be dismissed.
The respondent also moves to dismiss the appeal from the order refusing a new trial, on the ground that no undertaking on appeal from that order was given. No offer was made by the appellants to file an undertaking on appeal according to the provisions of Section 3 of the Act of 1861. (Stats. 1861, p. 589.) The undertaking recites the appeal from the judgment, but no mention is therein made of the appeal from the order. It does not secure the payment of the damages and costs which may be awarded against the appellants on the appeal from the order, but only on the appeal from the judgment. There is, therefore, no undertaking on the appeal from the order.
Appeal from the judgment, and the order refusing a new trial, dismissed.
Sprague, J,, expressed no opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.