Curtin v. Ingle
California Court of Appeal
' MOTION to dismiss an appeal from a judgment of the Superior Court of the City and County of San Francisco. Thos. F. Graham, Judge. The facts pertinent to the motion are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
This is a motion to dismiss an appeal from a judgment. The ground of the motion is that the transcript was not filed within forty days after the appeal from the judgment was perfected.
The judgment in this case was entered May 22, 1907, and, for the purpose of keeping alive an attachment, plaintiff took and perfected an appeal therefrom within five days, to wit, on May 27, 1907. On May 28, 1907, plaintiff served and filed his notice of motion for a new trial, to be heard on the minutes of the court. This motion was heard October 4, 1907, and was denied and entered October 14, 1907. Thereafter,…
2Cases cited2 opinions
- Chapman v. Bank of CaliforniaCalifornia Supreme Court · 1891
- Dernham v. BagleyCalifornia Supreme Court · 1907
3Cited by2 opinions
- Brown v. CobbCalifornia Court of Appeal · 1923
- Wadsworth v. GonzalesCalifornia Court of Appeal · 1934