De La Cuesta v. Calkins

California Supreme Court

De La Cuesta v. Calkins

41 P. 1098, 5 Cal. Unrep. 163, 1895 Cal. LEXIS 1187

Procedural entryThis page is a short order in De La Cuesta v. Calkins. Read the opinion of the Court — 112 Cal. 296 →

California Supreme Court·Decided October 9, 1895·No. No. 19,588·Published

Opinion

PER CURIAM.

A motion has been made to dismiss “the appeal” herein upon the ground that it has not been perfected in accordance with the provisions of the code. The transcript upon record contains a notice of two appeals, one from the judgment and another from the order denying a new trial. As the sufficiency of each of these appeals does not depend upon the same considerations, it is uncertain to which appeal the notice of the present motion is directed, and the motion is therefore denied, without prejudice to its renewal at the hearing of the cause.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

A motion has been made to dismiss “the appeal” herein upon the ground that it has not been perfected in accordance with the provisions of the code. The transcript upon record contains a notice of two appeals, one from the judgment and another from the order denying a new trial. As the sufficiency of each of these appeals does not depend upon the same considerations, it is uncertain to which appeal the notice of the present motion is directed, and the motion is therefore denied, without prejudice to its renewal at the hearing of the cause.

De La Cuesta v. Calkins, 41 P. 1098, 5 Cal. Unrep. 163, 1895 Cal. LEXIS 1187 (Cal. 1895).

Pincite

41 P. 1098 (De La Cuesta v. Calkins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.