Smoley v. Merrick Estates Civic Ass'n

In this action for an injunction to restrain the construction of a swimming pool upon the defendant’s property, plaintiffs have appealed from a judgment in defendant’s favor, entered upon the court’s decision after a nonjury trial. Incident to the prosecution of the appeal, plaintiffs’ counsel has filed his certificate to the effect that the transcript of the stenographer’s trial minutes is not necessary. Plaintiffs have proceeded to perfect the appeal without such transcript, and the appeal is on the calendar. The defendant (respondent) now moves: (a) to expunge such certificate; (b) to…