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Iverson v. Jones

2 Cal. Unrep. 437 Court Cal. Decision date 1885-01-26 Docket Nos. 8789, 8790 English

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p. 437
IVERSON v. JONES. CHALFANT v. SAME.
Nos. 8789, 8790;
January 26, 1885.
5 Pac. 626.

Headnote

Appeal.—An Undertaking on Appeal Filed More Than a Month Before the Notice of appeal is filed is no undertaking at all, and an appeal based thereon must be dismissed.[1]
APPEALS from the Superior Court of Mendocino County.
J. T. Rogers for appellant; T. J. Carothers for respondent.

The court is of opinion that the appeals in these cases must be dismissed. The undertakings on appeal were filed more than a month before the notices of appeal were filed. This, in our view, is not the undertaking required by law. It is not the case of insufficiency in the undertaking, but it is no undertaking at all. The motions to dismiss must be granted; and it is so ordered.