Lower v. Knox

Citations

• 10 Cal. 480

Syllabus

<p>A failure of sureties upon an undertaking on appeal, to justify, when they are excepted to, leaves the appeal as though no undertaking had been filed, and ineffectual for any purpose.</p> <p>Where a party gave notice of the justification of the sureties on an undertaking before the clerk of the Court below, on the second of November, between the hours of ten, A. ir., and five, p. ar., of that day, and the sureties appeared upon such notice soon after ten of that day : Held, that the clerk acted properly in refusing to take their justification, the opposite party being absent, until the last hour stated in the notice.</p> <p>Where an appeal is taken in the same notice, both from a final judgment and an order refusing a new trial, after sixty days from the entry of the order for a new trial, the appeal, so far as the order is concerned, will, on motion, be dismissed.</p> <p>Where a motion for a new trial is denied, and the record brings up the statement filed on the motion, this Court can only examine upon such statement the action of the Court in denying the motion.</p>