Roush v. Van Hagen

Citations

• 17 Cal. 121

Syllabus

<p>Where the respondent gave notice, April 20th, excepting to the sufficiency of the sureties on an undertaking on appeal, and appellant then gave notice that the sureties would justify on the twenty-fifth of the same month, and orders were afterwards made extending the time of justification to May 1st: Held, that the failure of the sureties to justify within five days after notice of exception to their sufficiency rendered the appeal a nullity; that the statute upon this subject is peremptory; and that the Court had no power to extend the time.</p>