Raisch Improvement Co. v. Arata

THE COURT.

The defendant appealed herein upon the judgment-roll alone from a judgment in favor of the plaintiff foreclosing a street assessment lien. The matter now involved herein is a motion to dismiss the appeal upon the ground that appellant failed to file his transcript upon appeal in time. The judgment was entered in the lower court December 12, 1922; defendant’s motion for a new trial denied January 17, 1923, and his notice of appeal therefrom was filed February 5, 1923. Thereafter he obtained successive orders from the trial judge extending his time to serve and present his proposed…