Holcomb v. Sawyer

California Supreme Court

Holcomb v. Sawyer

51 Cal. 417, 1876 Cal. LEXIS 66

CourtCalifornia Supreme Court

DecidedJuly 1, 1876

DocketNo. 5019

StatusPublished

Cited by2 cases

This text of 51 Cal. 417 (Holcomb v. Sawyer) 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

Holcomb v. Sawyer, 51 Cal. 417, 1876 Cal. LEXIS 66 (Cal. 1876).

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Opinion

Mr. Justice Crockett,

speaking for the Court, said:

The appeal from the judgment is dismissed, because it was not taken in time. The appeal from the order denying the motion for a new trial is also dismissed for the same reason. We are of the opinion that under the Code of Civil Procedure, as amended, which requires that an appeal of that kind be taken within sixty days, that unless the appeal bond is given within sixty days the appeal is nugatory. Both the bond and notice must be given and filed within sixty days to constitute a valid appeal.

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Mr. Justice Crockett,

speaking for the Court, said:

The appeal from the judgment is dismissed, because it was not taken in time. The appeal from the order denying the motion for a new trial is also dismissed for the same reason. We are of the opinion that under the Code of Civil Procedure, as amended, which requires that an appeal of that kind be taken within sixty days, that unless the appeal bond is given within sixty days the appeal is nugatory. Both the bond and notice must be given and filed within sixty days to constitute a valid appeal.

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Bluebook (online)

51 Cal. 417, 1876 Cal. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holcomb-v-sawyer-cal-1876.

Opinion

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