Broderick v. Majestic Ice Cream Co.

THE COURT.

A motion of respondents to dismiss the appeal came on regularly for hearing after notice to appellant. The motion was based upon the ground that the appellant abandoned her appeal and did not prepare or cause to be prepared a transcript on appeal.

On August 5,1942, upon respondents’ motion, the trial court ordered the proceedings instituted by appellant terminated. The certificate of the county clerk of San Diego County filed herein shows that on September 18, 1940, appellant filed her notice of appeal and request to the clerk to prepare a transcript; that no transcript under section…