Peak v. Nicholson

The respondents have moved to dismiss the appeal upon two grounds—the failure to serve upon them a copy of the transcript, and the delay in filing the opening brief.

The action is one for damages against a number of defendants. The demurrer of those defendants who are the moving parties here was sustained and a judgment of dismissal was entered as to them on February 9, 1942. No notice of entry of judgment appears in the record. On March 12, 1942, appellant gave notice of appeal from this judgment. A typewritten transcript was prepared and certified by the county clerk and filed with the clerk…