Gervais v. Joyce
California Court of Appeal
MOTION to dismiss an appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. N. F. Conrey, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Motion to dismiss appeal from the judgment and order denying a motion for a new trial.
One of the grounds of the motion is that appellants failed to file the transcript within the time prescribed for so doing by rule 2 of this court. Rule 5 provides that a failure to file the transcript within the time so prescribed shall be ground for dismissing the appeal, unless the transcript shall be on file when notice of motion to dismiss is given, in which case such fact shall he sufficient answer to the motion.
The transcript was not filed within forty days after the perfecting of the appeal, nor was…
2Cases cited2 opinions
- Tompkins v. MontgomeryCalifornia Supreme Court · 1897
- Buckley v. AlthorfCalifornia Supreme Court · 1890
3Cited by2 opinions
- Erving v. Napa Valley Brewing Co.California Court of Appeal · 1911
- Clinton v. ShawCalifornia Court of Appeal · 1943