Grande v. Donovan

Respondent moves to dismiss this appeal upon the ground that it was not taken within the time prescribed by section 939 of the Code of Civil Procedure and therefore that this court is without jurisdiction to entertain the same.

It is conceded that June 2, 1942, the clerk of the trial court made an entry in his “rough minutes,” granting respondent’s motion to terminate the proceedings then pending before said court for the purpose of procuring a transcript for use upon appeal; likewise that such order was not entered in the regular minutes of said court until June 3, 1942; also that August 2,…