Perkins v. Cooper

Citations

• 87 Cal. 241
• 25 P. 411
• 1890 Cal. LEXIS 1125

Syllabus

<p>Appeal — Dismissal—Failure to File Undertaking. —Where an undertaking on appeal is not filed or waived within the time prescribed bylaw, the appeal is ineffectual for any purpose, and will be dismissed.</p> <p>Id. — Subsequent Waiver op Undertaking— Stipulation in Transcript. — The filing of an undertaking cannot be waived by a stipulation made after the right of appeal has been lost; and a stipulation to the correctness of the transcript, stating that an undertaking on appeal was duly executed and filed, if proved and conceded to be untrue, and made without knowledge of the facts, is not binding, and does not constitute a valid waiver of the undertaking, there being no appeal pending in this court when the stipulation was made.</p>