Coonan v. Loewenthal
J. F. COONAN v. J. LOEWENTHAL
- Area
- civil
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
THE COURT.
Respondent moves to dismiss the appeal upon the ground that the undertaking on appeal was filed before the notice of appeal was served. The notice of appeal shows by indorsement that it was served, but the particular day upon which it was served does not appear thereon. The material question is, was this notice.of appeal served upon the twenty-seventh day of January, or upon the following day? Upon this question the affidavits of various parties wbo were acquainted with the fact are before the court. Those affidavits squarely contradict each other, and under such circumstances we will not order the appeal dismissed.
The motion to dismiss is denied.
Cited by
- W. J. Somers Co. v. Smith Civ. No. 3284. · 1920-02-02