Nissen v. Bendixsen

Decided March 14, 1884

California Supreme Court · decided 1884-03-14

<p>Appeal—Dismissal for Want of Notice.—When the original transcript does not show that the notice of appeal was served on plaintiff’s attorney of record, and a motion to dismiss on that ground is made, such motion may be overruled if the defendant,- upon leave, files a certificate of the clerk of the court below showing that proof of service of such notice is on file in the clerk’s office.</p>

Cited by 1 later decisions — most recently July 1912

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1884-03-14

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By the COURT.

¶1The original transcript did not show that the notice of appeal was served on the plaintiff’s attorney of record, and a motion to dismiss on that ground was made by said attorney. When the motion was called up, the defendant’s attorney suggested diminution of record, and asked and obtained leave to file a certificate of the clerk of the court below showing that proof of service of said notice on plaintiff’s said attorney of record is on file in the office of said clerk.

¶2Motion to dismiss denied.