Peter v. Fullen

GRIFFIN, J. —

This is a motion on behalf of respondent and cross-complainant Alice M. Fullen, based on an amended notice of motion duly served upon appellant, to dismiss the appeal. The motion is predicated upon the grounds that the transcript has not been filed within the prescribed statutory time, and that the notice of appeal did not contain any request that a transcript be made up and prepared, and that no request was ever made to the clerk of the court in which the action was brought to make up and prepare the transcript, and that no proceeding for a bill of exceptions or for a transcript…