Legal Opinion

Spear v. Monroe

California Supreme Court

Decided December 22, 1919No. L. A. No. 6381PublishedCited by 8 opinions

APPLICATION for a Writ of Mandamus to compel the Superior Court of Los Angeles County to settle and certify a proposed record on appeal. The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

Proceeding in mandate looking to compelling the judge of the trial court to settle and certify a proposed record on appeal under section 953a of the Code of Civil Procedure, and to requiring the clerk to certify and forward record of judgment-roll, etc., prepared under said section. The petition shows that the notice requesting preparation of said record required by the section was not filed within ten days after notice of entry of the judgment. [1] The failure to file such a notice within the time specified in the section goes to the jurisdiction in so far as the preparation of the…

2Cases cited2 opinions

  1. Hamaker v. KeatingCalifornia Supreme Court · 1910
  2. Fiske v. GosbeyCalifornia Supreme Court · 1914

3Cited by8 opinions

  1. Soda v. MarriottCalifornia Court of Appeal · 1933
  2. Sterling Corporation v. Superior CourtCalifornia Supreme Court · 1929
  3. Lewis v. FowlerCalifornia Court of Appeal · 1927
  4. Miller v. PriceCalifornia Supreme Court · 1928
  5. Hume v. LindholmCalifornia Court of Appeal · 1927

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