256 P. 209 | Cal. | 1927
THE COURT.
This appeal is one taken by the plaintiff from an order of the superior court of Shasta County, made on October 30, 1925, relieving the respondent upon this appeal from its alleged default arising out of its failure to give the notice and request for a transcript upon an appeal taken by it in the same action and pursuant to the provisions of section 953a of the Code of Civil Procedure. The facts with reference to these two appeals are as follows: On April 30, 1925, the jury in the above-entitled cause returned its verdict in favor of the plaintiff and against the defendant therein for the sum of fifteen thousand dollars. Judgment was entered on said verdict on May 1, 1925. On May 8, 1925, the defendant duly served and filed its notice of intention to move for a new trial. Said motion was, however, not made, and the sixty-day period in which the same must be heard and determined by the trial court pursuant to section
[1] There is no merit in this appeal for two sufficient reasons: (1) that under the provisions of section 953a of the Code of Civil Procedure, when a proceeding upon motion for a new trial is pending, the time of the appellant to give and file his notice and request for a transcript does not expire until "ten days after notice of decision denying said motion or of othertermination thereof." In the case of Brown v. SuperiorCourt,
It follows that this appeal is without merit and the order therein appealed from is affirmed.