Bonds v. Hickman

Citations

• 29 Cal. 460

Syllabus

<p>Method op Taking an Appeal.'—The filing of a notice of appeal in the Court below, and service of a copy of the same upon the opposite party or his attorney, is indispensable in order to enable the appellate Court to acquire jurisdiction of the cause.</p> <p>Amending Transcript in Supreme Court.—The appellate Court may order a document to be inserted in or stricken from the transcript in order to perfect it, but it cannot vary or amend the document itself.</p> <p>Stipulation that Notice op Appeal was Filed.—If the attorney of the parties stipulate in the transcript that notice of appeal was filed in the Court below, and served, the Supreme Court cannot receive evidence contradicting the stipulation, and will not dismiss the appeal on the ground that no notice was in fact filed.</p> <p>Stipulation under a Mistake op Fact.—If an attorney stipulates, under a mistake of fact, that a notice of appeal has been filed, when no notice has been filed, the Court below, upon a proper application, may relieve him from it, but the Supreme Court cannot.</p> <p>United States Patent.—A patent of the United States is not void because it is issued to the administrator of a deceased assignce'of a military land warrant for land purchased by the administrator with the warrant.</p> <p>Same.—A patent of the United States cannot be attacked collaterally because it was issued to an administrator of a deceased person for land to which the deceased person had the right of pre-emption.</p> <p>President may Sign Patents by his Secretary.—The laws of the United States allow the President to appoint a Secretary, whose duty it shall be to sign, in the President's name, all patents for land granted or sold by the United States.</p>