Nutley v. Metropolis Construction Co. (1910) · DecisionDepot

Nutley v. Metropolis Construction Co.

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

California Court of Appeal Jun 13, 1910 No. Civ. No. 752Published

Before: Chipman

AI Brief

AI-generated · verify before citing

Holding. The court dismissed the appeal because the appellant failed to file a transcript of the record within forty days of perfecting the appeal.

Issues

Whether the appeal should be dismissed for failure to file a transcript of the record within the required time period.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“Plaintiff moves to dismiss the -appeal in the above-entitled action on the ground that no transcript of the record on appeal from.the judgment in said action has been filed and more than forty days have elapsed”

“Conformably with the decision in that case, the appeal is dismissed.”

Synopsis

MOTION to dismiss an appeal from a judgment of the Superior Court of Tuba County. Eugene P. McDaniel, Judge.

The main facts are the same as those presented in case No. 751, supra.

CHIPMAN, P. J. Plaintiff moves to dismiss the -appeal in the above-entitled action on the ground that no transcript of the record on appeal from.the judgment in said action has been filed and more than forty days have elapsed since the perfection of such appeal.

With the exception as to the amount of the judgment recovered by plaintiff, the facts are the same as in Union Lumber Co. v. Metropolis Construction Co. (No. 751), ante, p. 584, [110 Pac. 329], in which a similar motion was this day decided.

Conformably with the decision in that case, the appeal is dismissed.

Hart, J., and Burnett, J., concurred.

Nutley v. Metropolis Construction Co.

AI Brief

Synopsis

More from California Court of Appeal

Related research

AI Brief