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3 Cal. Unrep. 835

Von Schmidt v. Widber

California Supreme Court

Decided March 8, 1893

California Supreme Court · decided 1893-03-08

<p>APPEAL from Superior Court, City and County of San Francisco; A. A. Sanderson, Judge.</p> <p>Action by A. W. Yon Schmidt against James H. Widber, treasurer of the city and county of San Francisco. Judgment for plaintiff. Defendant appeals. Dismissed.</p>

Decided 1893-03-08

PER CURIAM.

¶1This is a motion to dismiss an appeal from the judgment rendered in favor of respondent in the above-entitled action upon the ground that no undertaking upon appeal has ever been filed. Upon an examination of *836the record we find no bond upon appeal was ever filed. A county officer is not exempted from filing an undertaking on appeal by virtue of the provisions of section 1058, Code of Civil Procedure. Let the appeal from the judgment be dismissed.

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