Walker v. Etcheverry

In this action for damages the defendants have appealed from a judgment in favor of the plaintiffs. An order terminating proceedings for the preparation of a transcript was entered on December 26, 1939, which order was affirmed on another appeal. (Walker v. Etcheverry, 38 Cal. App. (2d) 611 [101 Pac. (2d) 709].) On January 5, 1940, a clerk’s transcript was filed in this court, the clerk’s certificate being under date of December 6, 1939.

On February 1, 1940, the respondents filed a notice of motion to dismiss the appeal from the judgment on the grounds that proceedings for the preparation of a…