Carpentier v. Bartlett

California Supreme Court

Carpentier v. Bartlett

62 Cal. 561, 1881 Cal. LEXIS 563

CourtCalifornia Supreme Court

DecidedAugust 1, 1881

DocketNo. 7,849

StatusPublished

This text of 62 Cal. 561 (Carpentier v. Bartlett) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carpentier v. Bartlett, 62 Cal. 561, 1881 Cal. LEXIS 563 (Cal. 1881).

Pincite

Opinion

The Court:

The motion to dismiss the appeal in this case must be denied. The Clerk’s certificate does not show that any notice of appeal had been served. On the contrary, he does certify that “ notice of appeal was never served, as appears from the files.” The respondent attempts to supply the omission by an affidavit of service of said notice. But that can not be received in lieu of the Clerk’s certificate, which the rule of this Court requires. (See Frederick v. Tierney, 54 Cal. 583.)

Motion denied.

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The Court:

The motion to dismiss the appeal in this case must be denied. The Clerk’s certificate does not show that any notice of appeal had been served. On the contrary, he does certify that “ notice of appeal was never served, as appears from the files.” The respondent attempts to supply the omission by an affidavit of service of said notice. But that can not be received in lieu of the Clerk’s certificate, which the rule of this Court requires. (See Frederick v. Tierney, 54 Cal. 583.)

Motion denied.

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Bluebook (online)

62 Cal. 561, 1881 Cal. LEXIS 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpentier-v-bartlett-cal-1881.

Opinion

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