Coonan v. Loewenthal
This text of 122 Cal. 72 (Coonan v. Loewenthal) 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.
Opinion
Respondent moves to dismiss the appeal upon the ground that the undertaking on appeal was filed before the notice of appeal was served. The notice of appeal shows by indorsement that it was served, but the particular day upon which it was served does not appear thereon. The material question is, was this notice.of appeal served upon the twenty-seventh day of January, or upon the following day? Upon this question the affidavits of various parties wbo were acquainted with the fact are before the court. Those affidavits squarely contradict each other, and under such circumstances we will not order the appeal dismissed.
The motion to dismiss is denied.
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Cite This Page — Counsel Stack
122 Cal. 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coonan-v-loewenthal-cal-1898.