Winder v. Hendrick

Department No, 1, McKinstry, P. J.:

Motion to dismiss appeal from judgment.

1st. The respondent claims that the appeal should be dismissed, because of the failure of appellant to serve and file the printed transcript within the period fixed by the rules of this Court. The time within which the transcript must be served and filed, the penalty for failure to serve and file within such time, and the evidence upon which this Court will enforce the penalty, are all regulated by Rules of Court. The second rule requires that the appellant shall file and serve his printed transcript within forty days…