19 Cal. 82
Decided July 1, 1861
California Supreme Court · decided 1861-07-01
Suit on several promissory notes. Judgment for plaintiff. October 4th, 1861, defendants filed a notice of appeal and served copy oh plaintiff same day; and on the sixteenth of the same month defendants filed their undertaking on appeal. In the Supreme Court, respondent moved to dismiss the appeal, on the ground that the undertaking was not filed within five days after the notice of appeal was filed.
Relies on Hastings v. Halleck
Good law ✅— No negative treatment on recordhow we know
Decided 1861-07-01
Cited by 4 later decisions — most recently December 1909
1 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1—Baldwin, J. concurring.
¶2The appeal is dismissed upon the authority of Hastings v. Halleck (10 Cal. 31) and Elliott v. Chapman, (15 Id. 383) without prejudice to a second appeal. If a second appeal be taken, the appellant can use the transcript on file with the same effect as if transmitted with it.