Poupion v. Muzio (1885) · DecisionDepot

Poupion v. Muzio

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Dec 23, 1885 No. No. 11182Published

Before: Ross

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Holding. The court denied a motion to dismiss an appeal for failure to timely file a transcript because the parties had entered into a written stipulation extending the filing deadline.

Issues

Whether an appeal should be dismissed for failure to file a transcript within the prescribed time when the parties have stipulated to an extension.

Disposition. Motion denied.

Quotations verified verbatim against the opinion

“we think that in a matter relating only to the time in which the record on appeal shall be filed here the objection is not well taken, and that the appeal should not be dismissed.”

Synopsis

Appeal from a judgment of the Superior Court of the city and county of San Francisco.

Motion to dismiss appeal. The facts are stated in the opinion of the court.

Ross, J. — The respondent moved to dismiss the appeal herein because of the failure of appellant to file the transcript within the time prescribed by a rule of this court. Appellant in answer to the motion offered to file the printed transcript, and at the same time presented a written stipulation signed by the attorney of record of respondent extending the time to file the transcript to a date' beyond the hearing of the motion. It is objected that the stipulation is of no effect because not filed Avith the clerk. But we think that in a matter relating only to the time in which the record on appeal shall be filed here the objection is not well taken, and that the appeal should not be dismissed.

Motion denied.

McKee, J., and McKinstry, J., concurred.

Poupion v. Muzio

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