Aspegren Co., Inc. v. Sherman, Swan Co.

THE COURT.

This is a motion to dismiss the appeal herein. The action was instituted by the plaintiff corporation to restrain the defendant company from retailing certain goods of the former below a specified price. Judgment was entered denying the injunctive relief prayed for and awarding costs to the defendant company. Plaintiff appealed.

Respondent’s motion to dismiss is founded upon the claim that the purported appeal was not taken within the time prescribed in section 939 of the Code of Civil Procedure. The motion is supported by a certificate of the county clerk of the county of Alameda…