Dorland v. Bernal (1889) · DecisionDepot

Dorland v. Bernal

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

California Supreme Court Apr 18, 1889 No. No. 11,928;Published

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Holding. The court dismissed the appeal because the transcript lacked the judgment-roll and the appeal regarding the July 23, 1886, order was untimely.

Issues

Whether the transcript is sufficient for appellate review.
Whether the appeal from the order of July 23, 1886, was timely filed.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“The transcript does not contain a copy of the judgment-roll, and is fatally defective in that respect.”

“There is no order of July 23, 1886, in the transcript, and this appeal was taken more than sixty days after that date.”

Synopsis

Appeal—Record—Absence of Judgment-roll.—An appeal from a judgment, and from an order discharging a rule requiring plaintiff to show cause, etc., will be dismissed when the transcript does not contain a copy of the judgment-roll.

PER CURIAM. As stated in the notice of appeal, this appeal is from a judgment entered June 1, 1886, and from the order discharging the order upon the plaintiff to show cause, etc., made on the twenty-third day of July, 1886. The transcript does not contain a copy of the judgment-roll, and is fatally defective in that respect. There is no order of July 23, 1886, in the transcript, and this appeal was taken more than sixty days after that date. Appeal dismissed.

Dorland v. Bernal

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