Scarpel v. East Bay Street Railways, Ltd.

PETERS, P. J.,

Delivered the Following Opinion from the Bench: In view of what has transpired here this morning and in view of the record, the court will make the following order: The appellant makes three points as to why the appeal from the order terminating [proceedings for preparation of a record] should not he dismissed: First, that the court has no *33power to dismiss a frivolous appeal. Although that is sometimes stated to be the usual rule, that rule has a well-recognized exception applicable here: That is, where a mere examination of the judgment roll demonstrates that the appeal is…