Foy v. Domec
SAMUEL C. FOY and JOHN M. FOY v. PIERE DOMEC
- Area
- civil
- Panel
- Sawyer (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 — Sawyer
By the Court, Sawyer, J.:
The notice of appeal appears to have been served on the 6th, and filed on the 9th, of February, 1867, and respondents move to dismiss because no effectual appeal has been taken. It has been repeatedly held that to render an appeal effectual, under the statute, the filing must precede, or be cotemporaneous with, the service. (Boston v. Haynes, 31 Cal. 107.)
The appeal must be dismissed, and it is so ordered.
Cites, in this corpus
- Boston v. Haynes · 1866-07-01