Coonan v. Loewenthal

Citations

• 122 Cal. 72
• 54 P. 388
• 1898 Cal. LEXIS 531

Syllabus

<p>Appeal—Dismissal—1Time of Filing Undertaking—Conflicting Affidavits.—A motion to dismiss an appeal on the ground that the undertaking on appeal was filed before the notice of appeal was served will not be granted where the time of the service of the notice does not appear from the record, and upon the question of its service before or after the filing of the undertaking, ■ the affidavits of various parties who were acquainted with the facts squarely contradict each other.</p>