Alvord v. McGauhy
This text of 4 Colo. 97 (Alvord v. McGauhy) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
On the 19th day of December, A. D. 1877, Alvord caused to be served upon the attorney of the plaintiff below a notice of appeal. The notice was not filed in the office of the clerk of the court until two days later. In taking an appeal, the first essential act without which it will have no validity, is the filing of the notice thereof. Unless the filing of the notice either precedes, or is cotemporaneous with the service thereof, it will be ineffectual. Hastings v. Hallack, 10 Cal. 31; Buffendean v.Edmundson, 24 id. 94; Harston’s Practice, § 940, note.
The undertaking was filed two days before the filing of the notice of appeal. No appeal was pending. The undertaking had therefore no office to perform. Carpentier v. Williamson, 24 Cal. 609.
. Motion to dismiss appeal is allowed.
Dismissed.
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4 Colo. 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvord-v-mcgauhy-colo-1878.