Bardeen v. Langford

THE COURT.

Motion by plaintiffs to dismiss appeal filed by defendants Langford and Lambert.

The certificate of the clerk of the superior court shows judgment for plaintiffs quieting title in them, as lessees, to certain real property as against the named defendants. Notice of appeal was filed August 7, 1953. Up to the date of the certificate, September 2, 1953, the clerk states, “No notice to clerk to prepare record on appeal has been filed; accordingly no transcript has been certified or filed.”

Plaintiffs move to dismiss the appeal under rule 10a, Rules on Appeal, because defendants (as…