Butler v. Ashworth

Citations

• 100 Cal. 334
• 34 P. 780
• 1893 Cal. LEXIS 792

Syllabus

<p>Appeal—Notige—Mistake in Name of Plaintiff—Dismissal.—A notice o£ appeal which is duly entitled as to the court and the department thereof in which the action was tried, and intelligibly refers to the number of the case, and to the judgment and order denying the defendant’s motion for a new trial, is not invalidated because of a mistake in the Christian name of the plaintiff in the title of the cause, and a motion to dismiss the appeal because of such mistake will be denied.</p> <p>Id.—Mistake in Undertaking—Substitution of New Undertaking__ Where a similar mistake is made in the undertaking upon appeal which accurately describes the judgment and order denying the motion for a new trial, if the defect be considered as material, the case comes within the'provisions of section 954 of the Code of Civil Procedure, which authorizes the filing of a new undertaking approved by a. justice of the appellate court, and where a new undertaking approved by the chief justice has been filed a motion to dismiss the appeal will be denied.</p>