Schloesser v. Owen

Citations

• 134 Cal. 546

Syllabus

<p>Appeal — Motion to Dismiss — Extensión of Time to File Undertaking—Power of Court.—The court or judge has power to extend the time allowed by statute in which to file the undertaking on appeal, and the fact that it was not filed until thirty days after the service of the notice of appeal is not ground for a motion to dismiss the appeal, where it appears that it was filed within the time properly allowed by order of the judge of the court.</p> <p>Id. — Proof of Service of Notice—Amendment of Defect. — A defect in proof of the service of the notice of appeal may be supplied by leave of the court at the hearing of a motion to dismiss the appeal.</p>