Criminal Law, Pleading And Practice in the Courts of the State of California : the Penal Code of California, Containing All Amendments to the Close of the Twenty-Fourth Session of the Legislature (March 4, 1881) : With the Sections of the Code of Civil Pr

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Criminal Law, Pleading And Practice in the Courts of the State of California : the Penal Code of California, Containing All Amendments to the Close of the Twenty-Fourth Session of the Legislature (March 4, 1881) : With the Sections of the Code of Civil Pr
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Vamum, 53 Oal. 630.
1240. An appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered or filed, a notice stating the appeal from the same, and serving a copy thereof upon the attorney of the adverse party.
1. Appeal, How Taken. — It is not necessary that the notice of appeal should be signed by the attorney who tried the action. Any attorney author- ized by defendant may sign the notice of appeal, and that, too, without a formal substitution
...of attorneys. Ex parte Clarke, 6 Pac. C. L. J. 1014.
The transcript on appeal should show that the notice of appeal has been both served and filed. People v. Phillips, 45 Cal. 44; People v. Clark, 49 Id. 455.
A recital in a bill of exceptions that a notice of appeal has been served and filed is no evidence that an appeal has been taken. People v. Phillips, 45 Id.
44. The notice of appeal must be served and filed on the same day. People V. Ah Yule, 6 Pac. C. L. J. 465.
2. Appellate Jnrladiotion, How Bxeroised.— Sec.


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