Harlan v. Pratt

California Supreme Court
Harlan v. Pratt, 50 Cal. 94 (Cal. 1875)
1875 Cal. LEXIS 93

Harlan v. Pratt

Opinion of the Court

By the Court:

The notice of appeal was filed on March 21,1874, but was not served until the 23d of that month. Under the statute, *95as it stood at those periods, these steps did not operate an appeal. (Columbet v. Pacheco, 46 Cal. 650.) Upon the face of the record, no appeal appearing to have been taken, the motion to dismiss the appeal must be denied.

So ordered.

Reference

Full Case Name
HARLAN v. PRATT
Cited By
1 case
Status
Published
Syllabus
Dismissal of Appeal.—If the record shows that no appeal has been taken by reason of failure to serve the notice of appeal in time, a motion to dismiss the appeal will be denied.