Foy v. Domec

California Supreme Court

Foy v. Domec

33 Cal. 317

CourtCalifornia Supreme Court

DecidedOctober 15, 1867

StatusPublished

Cited by2 cases

This text of 33 Cal. 317 (Foy v. Domec) 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

Foy v. Domec, 33 Cal. 317 (Cal. 1867).

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Opinion

By the Court, Sawyer, J.:

The notice of appeal appears to have been served on the 6th, and filed on the 9th, of February, 1867, and respondents move to dismiss because no effectual appeal has been taken. It has been repeatedly held that to render an appeal effectual, under the statute, the filing must precede, or be cotemporaneous with, the service. (Boston v. Haynes, 31 Cal. 107.)

The appeal must be dismissed, and it is so ordered.

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By the Court, Sawyer, J.:

The notice of appeal appears to have been served on the 6th, and filed on the 9th, of February, 1867, and respondents move to dismiss because no effectual appeal has been taken. It has been repeatedly held that to render an appeal effectual, under the statute, the filing must precede, or be cotemporaneous with, the service. (Boston v. Haynes, 31 Cal. 107.)

The appeal must be dismissed, and it is so ordered.

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Bluebook (online)

33 Cal. 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foy-v-domec-cal-1867.

Opinion

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