American Asphalt Co. v. Gribble

The opinion of the court was delivered by

Anders, J.

— The notice of filing the statement of facts herein which was served on the respondent failed to designate a place at which the appellant would apply to the court or judge who tried the cause or rendered the judgment complained of, to settle and certify said statement of facts. The notice, therefore, omitted one of the positive requirements of the statute then in force (Code Proc., § 1422), and consequently was wholly ineffectual for the purpose intended; and the respondent was at liberty to disregard it entirely, which it appears he did. It…