Epstein v. Gradowitz

This appeal is by the plaintiff from a judgment against him in an action upon a promissory note.

The respondent objects to consideration of the appeal, stating that the request to the clerk for clerk’s and reporter’s transcript was filed too late. This notice was dated and filed December 1, 1922. The record shows that the judgment was entered August 15, 1922. There is nothing in the record to indicate the date upon which plaintiff was served with notice of entry of judgment. Section 953a of the Code df Civil Procedure provides that the notice to the clerk requesting transcript must be filed…