Williams v. Dennison

Citations

• 86 Cal. 430
• 25 P. 244
• 1890 Cal. LEXIS 1047

Syllabus

<p>Appeal — Notice — Surplusage. — Where a notice of appeal recites that the appeal is taken from the judgment and order denying a new trial, “and from each and every order and judgment made and entered in said cause, ” the appeal will be treated as only an appeal from the judgment and order denying a new trial, and the last recital will be treated as surplusage.</p> <p>Id.—■ Undertaking — Double Appeal. — One undertaking on appeal is sufficient where there is in the same notice and transcript an appeal from a judgment, with an appeal from an order denying a new trial, and the undertaking is in terms applicable to both appeals.</p>