52 Cal. 325 | Cal. | 1877
The respondent moves that the appeal be dismissed, because of the failure of the appellant to file the transcript within the time prescribed by the rules of this Court.
More than five days having intervened in this case between the service of the notice and the filing of the undertaking, the appeal utterly failed—became “ ineffectual for any purpose"— and is not the subject of a motion to dismiss.
For the reason, then, that no appeal appears to be pending, the motion is denied.