From Casetext: Smarter Legal Research

Holcomb v. Sawyer

Supreme Court of California
Jul 1, 1876
51 Cal. 417 (Cal. 1876)

Opinion

         Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco.

         Action to quiet title to real estate. The court rendered judgment for the defendant and the plaintiff appealed from the judgment and from an order denying a new trial.

         The judgment was made and entered April 1, 1874; the order denying the motion for a new trial was made and entered July 16, 1875; the notice of appeal from both the judgment and the order denying the new trial was filed and served September 14, 1875; but the undertaking on appeal was not filed until September 18, 1875.

         COUNSEL

          E. D. Sawyer, in person, moved to dismiss the appeal from the judgment and from the order denying a new trial.

         E. A. Lawrence, against the motion.


         JUDGES: Mr. Justice Crockett, speaking for the Court.

         OPINION

          CROCKETT, Judge

         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.


Summaries of

Holcomb v. Sawyer

Supreme Court of California
Jul 1, 1876
51 Cal. 417 (Cal. 1876)
Case details for

Holcomb v. Sawyer

Case Details

Full title:FRANCIS HOLCOMB v. E. D. SAWYER

Court:Supreme Court of California

Date published: Jul 1, 1876

Citations

51 Cal. 417 (Cal. 1876)

Citing Cases

Perkins v. Cooper

The appeal was therefore "ineffectual for any purpose." (Code Civ. Proc., sec. 940; Holcomb v. Sawyer ,…

Lowell v. Lowell

(Peran v. Monroe, 1 Nev. 484; McCreery v. Everding, No. 5,046. See, also, Holcomb v. Sawyer, in which case a…