Watson v. Cornell

California Supreme Court
Watson v. Cornell, 52 Cal. 644 (Cal. 1878)

Watson v. Cornell

Opinion of the Court

Judgment was rendered in favor of defendant May 3rd, 1877. Notice of appeal was served and filed July 18th, 1877. The Clerk certifies * * * “ that a good and sufficient undertaking on appeal in due form of law has been executed, and is now on file in said action in my office.”

Respondent moved to dismisa the appeal.

By the Court ;

The record does not contain a copy of the undertaking on appeal, nor does the certificate of the Clerk, so far as it relates to the undertaking on appeal, conform to sec. 953 of the Code of Civil Procedure.

Appeal dismissed, without prejudice to-another-appeal.

Reference

Full Case Name
THOMAS WATSON v. H. R. CORNELLs
Cited By
1 case
Status
Published
Syllabus
Tjransoript—Certificate ob Cierk. — If the transcript does not contain a • copy of the undertaking on appeal, and the certificate of the Clerk is not in conformity with sec. 953, Code Civil Procedure, the appeal will be dismissed.