Coker v. Superior Court

Citations

• 58 Cal. 177

Syllabus

<p>Appeal from Justice’s Court.—To effectuate an appeal from the judgment of a Justice of the Peace three things are necessary, viz., the filing of a notice of appeal with the Justice, the service of a copy of the notice upon the adverse party, and the filing of an undertaking; and all these things must be done within thirty days after the rendition of the judgment, and are jurisdictional prerequisites. But the mere order in which they are done within that time is not material. Accordingly, where a judgment was rendered in a Justice’s Court on June 12th, and a notic'e of appeal served on June 16th, and filed on June 17th, and the undertaking on appeal filed July 7th, held, the appeal was well taken.</p>