Dyer v. Bradley

Citations

• 88 Cal. 590
• 26 P. 511
• 1891 Cal. LEXIS 739

Syllabus

<p>Appeal — Undertaking—Incorrect Recital — Date oe Order Appealed from. — An undertaking on appeal is sufficient, although incorrectly reciting the date of the order appealed from, if there is but one order and one appeal, and the undertaking in all other respects correctly describes them.</p> <p>Id. — Dismissal — Failure to File Transcript — Specification of Grounds of Motion — Numbering of Folios. —Upon a motion to dismiss an appeal, upon the ground of a failure to file a transcript as required by the rules of the court, an objection that the folios of the transcript are not numbered as required by the rules should be distinctly specified in the motion to dismiss, in order to allow the appellant to amend the defect, and if not so specified, the objection will not be regarded.</p>