gno.law

Blair v. Brownstone Oil Etc. Co.

California Court of Appeal · Civ. No. 1321. · 1913-04-07 · Published · 132 P. 605 · 21 Cal. App. 676 · 1913 Cal. App. LEXIS 258

Chas. H. Blair v. Brownstone Oil and Refining Company (A Corporation)

Area
civil
Panel
The Court. &#8212 (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

Motion to dismiss an appeal from an order denying a new trial. The record shows that notice of appeal from the judgment and from an order denying a new trial was duly given; that within a day or two succeeding an undertaking on appeal from the judgment was filed. Respondents contend that the appeal from the order should be dismissed because the same was not included in the undertaking given. Upon the authority ofMitchell v. California etc. Steamship Co., 154 Cal. 731, [99 P. 202], the motion must be denied. It is there held that the notice of appeal is sufficient regardless of the filing of the undertaking.

Motion denied.

*Page 677

Cites, in this corpus