Forni v. Yoell

Citations

• 95 Cal. 442
• 30 P. 578
• 1892 Cal. LEXIS 844

Syllabus

<p>■ Appeal — Undertaking— New-trial Order not Referred to — Dismissal — Stipulation—Estoppel. — Although, as a general rule, an appeal from a new-trial order must he dismissed where the undertaking on appeal from the judgment does not refer to the order, and there is no undertaking on appeal from the order, yet where a respondent stipulated in writing, within sixty days after the overruling of the motion for a new trial, that the appellant had in due time given and filed a good and sufficient undertaking upon appeal in the cause, he is estopped from claiming, after the time for appeal has elapsed, that the appeal must he dismissed because of the failure of the undertaking to refer to the appeal from the new-trial order.</p>