Warren v. Hopkins

Citations

• 110 Cal. 506
• 42 P. 986
• 1895 Cal. LEXIS 1089

Syllabus

<p>Appeal — Motion to Dismiss — Supplying Defects in Transcript. — - Where a motion is made to dismiss an appeal upon the ground that the transcript is not properly authenticated, and that it fails to show that the notice of appeal had been served upon adverse codefendants, appellant may, under rule XV of the appellate court, which is to be liberally construed for the purpose of enabling the appellant to present his appeal upon the merits, remedy any defects or omission of the transcript, and may supply at the hearing the proof of service of the notice of appeal.</p> <p>Id.—Notice of Appeal—Proof of Service—Practice—Jurisdiction.— The better practice is to have the proof of service of the notice of appeal made a part of the record in the court from which the appeal is taken, and, in such case, the record, when properly certified to this court, becomes conclusive evidence of the facts therein stated; but the jurisdiction of the appellate court does not depend upon proof of the fact of service being contained in the transcript, but upon the fact that the notice of appeal has been properly served; and the appellant may file in the appellate court either original proof of the service, or a certificate of the clerk of the court below that such proof has been made and filed in that court.</p> <p>Id.—Lien upon Lot for Grading—Construction of Code.—The lot upon which a lien is authorized by section 1191 of the Code of Civil Procedure for grading or other improvement of the lot, is not limited to any artificial subdivision or official designation of a lot upon a map, but includes in its meaning whatever territory is caused by the owner thereof to be graded under, a single contract.</p> <p>Id.—Contract for Grading Streets—Priority of Mortgage—Grading OF Block.—Where a contract for grading streets in front of a block is made subsequent to the recordation of a mortgage upon the block, the lien for the grading of the streets is subordinate to the lien of the mortgage, though the