Moultrie v. Tarpio

This is a motion made July 3, 1905, to dismiss an appeal from an order of the superior court of Santa Cruz County, made and entered on March 13, 1903, denying a motion of appellant to vacate an order' theretofore made granting a writ of assistance. The appeal was perfected on March 16, 1903. The motion to dismiss the appeal was based on the ground that no transcript on appeal has been served or filed, although no stipulation or order had been made extending the time to serve and file the same, and on the further ground that appellant has failed and neglected to prosecute his appeal with due…