Ellis v. Bennet

Citations

• 2 Cal. Unrep. 302
• 3 P. 801
• 1884 Cal. LEXIS 782

Syllabus

<p>Appeal—Notice.—An Appeal will foe Ineffectual where the notice of appeal was not signed by the attorney of record, or of counsel for appellant, or where no proof is shown of service of the notice of appeal upon the respondent.</p> <p>Appeal—Undertaking—Transcript.—An Order Appealed from cannot foe Reviewed on a record which contained no copy of an undertaking on appeal, or showing that the same was filed, or that, instead thereof, a deposit in money had been made; no bill of exceptions; no showing what papers were used upon the hearing of the order to show cause upon which the order appealed from was made; and no certification of the transcript on appeal by the clerk of the court or the attorneys in the cause. The certificates of the presiding judge and clerk, made after the service and filing of the notice of motion to dismiss the appeal, will not supply the defects in the transcript.1</p>