Wolf v. Drew

DOOLING, J., pro tem.

This is an appeal from a judgment dismissing the action under section 583 of the Code of Civil Procedure for failure to bring the same to trial within two years after answer filed. The appeal is taken under section 953a of the Code of Civil Procedure, and the transcript contains, in addition to the judgment-roll, what purports to be a copy of an affidavit and certain oral testimony introduced in the court below in opposition to the motion to dismiss. Counsel have stipulated for diminution of the record by the addition thereto of a copy of an affidavit introduced by…