Howse v. Norwich Union Fire Insurance Society
California Court of Appeal
MOTION to dismiss an appeal from a judgment of the Superior Court of the City and County of San Francisco. John Hunt, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHall, J.
This is a motion to dismiss an appeal taken by defendant from a judgment against it. The notice of motion was served and filed December 18, 1908, and states that the motion will be made on the ground that no transcript on appeal has been filed in this court, though more than five months have elapsed since the perfecting of the appeal.
Rule II of this court [78 Pac. vii] requires that such transcript be filed within forty days after the perfecting of the appeal, unless there is pending a proceeding for the settlement of a bill of exceptions, or a statement which may be used in support of such…
2Cases cited1 opinion
- Moultrie v. TarpioCalifornia Supreme Court · 1905
3Cited by1 opinion
- Van Cott v. FrankCalifornia Court of Appeal · 1916