Crew v. Diller

Citations

• 86 Cal. 554
• 25 P. 66
• 1890 Cal. LEXIS 1066

Syllabus

<p>Appeal — Undertaking — Two Appeals in Same Notice — Construction. — If two appeals are taken in the same notice, and the undertaking recites the appeal from the judgment, but does not mention the other appeal, and is conditioned to pay damages on “ the appeal,” it will be construed to refer only to the appeal recited.</p> <p>Id.—Failure to File Undertaking in Time — New Undertaking in Supreme Court. — If no undertaking be filed in the court below within the time allowed by law, the appeal is ineffectual for any purpose; and it cannot be perfected by the filing of an undertaking in the supreme court. The provision for such new undertaking is only where a defective undertaking has been filed in time in the court below.</p>