Buffendeau v. Edmondson

Citations

• 24 Cal. 94

Syllabus

<p>Notice op Appeal—When Served.—An appeal will be dismissed on motion, if a copy of the notice of appeal is served on the opposite party before tho day on which the original is filed in the Clerk's office.</p> <p>Same—When Eiled.—The filing of a notice of appeal must precede or be cotemporaneous with the service of a copy of the notice on the adverse party.</p> <p>Undertaking on Appeal—When Eiled.—A copy of the notice of appeal filed must be served on the opposite party before or at the time of filing the undertaking. The third section of the Act of 1861, entitled l( An Act to regulate appeals in this State/' was intended to relieve appellants from defects of form and deficiencies in substance apparent on the face of notices of appeal.</p>