Holcomb v. Sawyer

California Supreme Court
Holcomb v. Sawyer, 51 Cal. 417 (Cal. 1876)
1876 Cal. LEXIS 66
Crockett

Holcomb v. Sawyer

Opinion of the Court

Mr. Justice Crockett,

speaking for the Court, said:

The appeal from the judgment is dismissed, because it was not taken in time. The appeal from the order denying the motion for a new trial is also dismissed for the same reason. We are of the opinion that under the Code of Civil Procedure, as amended, which requires that an appeal of that kind be taken within sixty days, that unless the appeal bond is given within sixty days the appeal is nugatory. Both the bond and notice must be given and filed within sixty days to constitute a valid appeal.

Reference

Full Case Name
FRANCIS HOLCOMB v. E. D. SAWYER
Cited By
2 cases
Status
Published
Syllabus
Appeal eeom Obdee denying a New Tbial.β€”To render an appeal from an order denying a new trial valid, hoth the notice of appeal and undertaking on appeal must he filed within sixty days after the order is made.