Foscalina v. Doyle

By the Court, Wallace, C. J.:

The appeal is taken by the defendant from an order refusing to stay the issuance of a writ of habere facias upon the judgment recovered by the plaintiff in the District Court for the County of Alameda, and lately affirmed here. The appeal was perfected only on the 21st of March last, and the time allowed to the appellant to file the printed transcript of the record, under the second rule of practice, has not elapsed. The respondent produces a copy of the record, and thereupon moves that the appeal be dismissed, *152because it is frivolous and taken with intent to…