Fairchild v. Daten

Citations

• 38 Cal. 286
• 1869 Cal. LEXIS 149

Syllabus

<p>Appeal feom an Oedeb Refusing to Vacate the Awabd of Aebiteatoes.— An appeal from an order of the Court refusing to vacate the award of arbitrators must be taken within sixty days from the time the order is made. Motion to Dismiss an Appeal—Pbactice.—-If one of the grounds, on which a motion to dismiss an appeal is made, be that the appeal was not taken at the proper time, it is not waived by the failure to state it in the motion to dismiss, for it goes to the jurisdiction of the Court. But it is the better practice to take it at that time.</p>