Harlan v. Pratt

By the Court: The notice of appeal was filed on March 21,1874, but was not served until the 23d of that month. Under the statute, [95] as it stood at those periods, these steps did not operate an appeal. (Columbet v. Pacheco, 46 Cal. 650.) Upon the face of the record, no appeal appearing to have been taken, the motion to dismiss the appeal must be denied. So ordered.