Wixon v. Raisch Improvement Co.

MURPHEY, J., pro tem.

In this case the respondent interposed a motion to dismiss the appeal on the ground that the transcript was not filed within the time prescribed by the rules of the supreme court. The transcript was filed on the forty-fourth day after the bill of exceptions had been settled and filed in the office of the county clerk of Santa Clara County. On the forty-second day after the settlement and filing of the bill of exceptions, respondent served his motion to dismiss the appeal accompanied by affidavits sufficient in form and substance. On the date of the hearing, in the absence…