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Wood v. Superior Court

Supreme Court of California
Jun 4, 1885
67 Cal. 115 (Cal. 1885)

Summary

In Woods v. Superior Court, 67 Cal. 115, [7 P. 200], it was held that if the sureties fail to justify within the time prescribed the "appeal is ineffectual for any purpose."

Summary of this case from Crowley Etc. Co. v. Superior Court

Opinion

         Department Two

         Application for a writ of review.

         COUNSEL:

         Geil & Morehouse, for Petitioners.

          Wm. H. Webb, for Respondent.


         OPINION

         THE COURT

         Certiorari. In perfecting his appeal from the Justice's Court to the Superior Court, the appellant gave an undertaking. The adverse party excepted to the sufficiency of the sureties. Neither the sureties in the undertaking nor other sureties justified; but, instead thereof, the appellant filed a new undertaking with other sureties. In so doing he gave no notice as required by the last clause of section 978 of the Code of Civil Procedure. Such being the case, "the appeal must be regarded as if no such undertaking had been given." The statute is peremptory. Without the justification of the sureties named in the undertaking, or other sureties in their stead, upon notice to the adverse party, the appeal was not perfected, and the Superior Court has no jurisdiction of the case. The motion to dismiss the appeal should have been granted.

         The proceedings in the Superior Court are annulled.


Summaries of

Wood v. Superior Court

Supreme Court of California
Jun 4, 1885
67 Cal. 115 (Cal. 1885)

In Woods v. Superior Court, 67 Cal. 115, [7 P. 200], it was held that if the sureties fail to justify within the time prescribed the "appeal is ineffectual for any purpose."

Summary of this case from Crowley Etc. Co. v. Superior Court
Case details for

Wood v. Superior Court

Case Details

Full title:TOWNSEND WOOD et al., Petitioners, v. THE SUPERIOR COURT OF MONTEREY…

Court:Supreme Court of California

Date published: Jun 4, 1885

Citations

67 Cal. 115 (Cal. 1885)
7 P. 200

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