Engelberg v. Sebastiani

This is a motion to dismiss the defendant’s appeal from the judgment herein on the ground that appellant has failed to have prepared and to file a record on appeal within the time required. The facts upon which respondent relies are certified by the clerk of the trial court to be as follows:

Judgment was entered September 28, 1926. Thereafter on the same day the defendant filed his notice of appeal from the judgment and notice of motion for a new trial. The “said motion for a new trial has never been argued nor presented to said superior court, and no order granting or denying a new trial has…