Civ. No. 1253 | Cal. Ct. App. | Apr 13, 1933

BARNARD, P. J.

From the certificate of the county clerk on file herein it appears that notice of appeal was filed on January 21, 1933; that no bill of exceptions has been filed under section 650 of the Code of Civil Procedure; that no transcript has been filed under section 953a of the Code of Civil Procedure; that no request for a transcript under the provisions of section 953a of the Code of Civil Procedure has been filed; that no additional time in which to prepare and serve a bill of exceptions has been allowed; that no proceeding for a bill of exceptions or a transcript is pending in the trial court; and that the time within which a record might be prepared under either method has expired. Respondents’ motion to dismiss should, therefore, be granted (General Motors etc. Co. v. Holman, 63 Cal. App. 17" date_filed="1923-07-16" court="Cal. Ct. App." case_name="General Motors Acceptance Corp. v. Holman">63 Cal. App. 17 [217 Pac. 1086]; People v. Berkeley Chiropractic College, 103 Cal. App. 139" date_filed="1930-01-10" court="Cal. Ct. App." case_name="People v. Berkeley Chiropractic College">103 Cal. App. 139 [283 Pac. 981] ; Union Trust Co. of San Diego v. Novotny, 125 Cal. App. 417" date_filed="1932-08-20" court="Cal. Ct. App." case_name="Union Trust Co. v. Novotny">125 Cal. App. 417 [13 P.2d 974" date_filed="1932-08-20" court="Cal. Ct. App." case_name="Union Trust Co. v. Novotny">13 Pac. (2d) 974]).

The appeal is dismissed.

Marks, J., and Jennings, J., concurred.

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