Legal Opinion

Puckhaber v. Henry

California Supreme Court

Decided August 2, 1905No. S.F. No. 4221PublishedCited by 9 opinions

■ MOTION to dismiss appeal from a judgment of the Superior Court of the City and County of San Francisco. M. C. Sioss, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHenshaw, J.

This is a motion to dismiss defendant’s appeal from an adverse judgment for her failure to file a transcript within the time limited by the rules of this court. The fact of the failure is admitted. It is sought to excuse it by a showing of the. following facts:

Defendant in due time perfected her appeal from the judgment and likewise gave notice of her intention to move for a new trial. The date of filing her transcript in this court was extended from time to time by a stipulation between the par ties, and during this period the court heard and granted defendant’s motion for a new trial. After…

2Cases cited2 opinions

  1. Pierce v. BirkholmCalifornia Supreme Court · 1896
  2. Henry v. MerguireCalifornia Supreme Court · 1896

3Cited by9 opinions

  1. Sherwin v. Southern Pacific Co.California Supreme Court · 1914
  2. Nielson v. PattersonArizona Supreme Court · 2003
  3. Spencer v. NelsonCalifornia Supreme Court · 1947
  4. Kline v. MurrayMontana Supreme Court · 1927
  5. Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1934

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