Smith v. Solomon
California Supreme Court
Motion to dismiss an appeal from a judgment of the Superior Court of the city and county of San Francisco. The facts are stated in the opinion of the court.
1Opinion of the CourtFox, J.
Appeal from judgment foreclosing mechanic's lien. Motion to dismiss appeal for failure to file transcript in time.
Judgment was rendered and entered November 25, 1889. Appeal perfected December 7, 1889. The transcript was due in this court January 16,1890, there being no bill of exceptions or statement settled or filed. Notice of this motion given January 20, 1890, showing that the same would be made on certificate of the clerk of the court below, which was also filed, dated January 17th, showing that no bill of exceptions or statement had been settled or filed in the cause, and that he had…
2Cited by3 opinions
- Lewis & Queen v. S. Edmondson & SonsCalifornia Court of Appeal · 1952
- McArthur v. PaxtonCalifornia Court of Appeal · 1919
- Walter A. Wood Harvester Co. v. HeidelNorth Dakota Supreme Court · 1894