Gray v. Hecke

ANDERSON, J.,

pro tem.

This is an application on the part of respondents by motion to dismiss the appeal from the judgment therein and also dismiss the appeal from the order granting a new trial, on the following grounds:

The notice of appeal from the judgment was filed February 6, 1931, and the bill of exceptions therein December 6, 1931. The notice of appeal from the order granting new trial was filed April 10, 1931, and the bill of exceptions

[282]

thereon filed December 28,

1931;

more than thirty days have elapsed since filing of said appeal and no transcript has been filed in the appellate court.

The authorities submitted in support of said motion are: 2 California Jurisprudence, page 757, and it is further contended that the appellant, in his appeal record, has violated rule VIII of the appellate court, and this is supported by the case of

Thos. J. Haverly Co.

v.

Pacific Indemnity Co.,

*

(Cal. App.) 4 Pac. (2d) 214.

In response to the motion to dismiss, appellant cites authorities in which the Supreme Court and appellate courts have excused the delay in some instances, to wit:

Gould

v.

Stafford,

77 Cal. 64 [18 Pac. 879] ;

Robinson

v.

Robinson,

158 Cal. 117 [110 Pac. 112] ;

Grant

v.