Citation Numbers: 31 Cal. 458
Judges: Rhodes
Filed Date: 7/1/1866
Status: Precedential
Modified Date: 1/12/2023
The appeal in this cause was dismissed on the motion of the respondents, filed April 9th, 1866, on the ground that no undertaking on appeal was filed. The appellant in his petition for a rehearing brings to our notice that there is appended to the transcript filed in this Court as the original transcript, the certificate of the Clerk of the Court below, by which it appeai-s that “ the undertaking on appeal required by law has been duly filed.” Counsel must be aware that the rules require the appellant to see that all the transcripts are correct
Rehearing granted at the cost of the appellant, including the costs accruing after the filing of the transcript.
Mr. Justice Shafter expressed no opinion.