Elliott v. Chapman

Citations

• 15 Cal. 383

Syllabus

<p>The undertaking on appeal to the Supreme Court must, in all cases, be filed within five days after filing notice of appeal, and the Court has no power to extend the time.</p> <p>Construing secs. 348 and 337 of the Practice Act together, they provide that an appeal is not effectual for any purpose, unless an undertaking be filed, or a deposit made with the Clerk within five days after filing the notice, and failure to so file the undertaking or make the deposit will be fatal to the appeal, and it must be dismissed.</p>