Hastings v. Halleck

Citations

• 10 Cal. 31
• 1858 Cal. LEXIS 182

Syllabus

<p>To constitute an appeal there are three things necessary: first, filing the notice; second, service of the same; and third, filing the undertaking. All of these steps must be taken within the times limited by statute. If not so taken, there is no appeal perfected, and this Court has no jurisdiction of the case.</p> <p>The service should be made after, or at the time of the filing of the notice; and before, or at the time of the filing the undertaking.</p> <p>The period of five days fixed by law for filing the undertaking, can not be abridged by the error or negligence of the appellant; nor can that appellant, by serving a copy of the notice of appeal before the original is filed, keep the respondent watching the clerk's office to see when it is done.</p> <p>These provisions of the Code are intended for the repose of parties, and must be strictly complied with.</p>