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· 6/26/1883

Gilmore v. American Fire Insurance

Citations

  • 2 Cal. Unrep. 190

Syllabus

<p>'Appeal—Motion to Dismiss—Certificate of Clerk—Appellant Without Fault.—Although under the rules of the supreme court the transcript shall be filed within forty days after the appeal is perfected, and a motion to dismiss for failure in this respect must be accompanied with a certificate of the clerk of the court appealed from to show the fact and date of filing the bill of exceptions and the statement on appeal, such motion to dismiss must be held as prematurely made if the clerk’s accompanying certificate is not definitely to the point, while by another certificate of his, filed by the other side, it appears that the appellant has proposed the bill and statement, and the respondent has proposed amendments, but that neither such bill nor such statement has been settled.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • involving a donor who was himself physically unable to deliver the gift
  • “It is not in every case essential that the expression of the intention to give be synchronous with delivery of the chattel ....”
  • \It is not in every case essential that the expression of the intention to give be synchronous with delivery of the chattel...\

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.