Doran v. Sherman

California Court of Appeal Apr 13, 1936 No. Civ. No. 10054Published

Before: Tyler

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Holding. The court denied the motion to dismiss the appeal for an allegedly improper record and denied the motion to affirm the judgment, finding that the merits of the municipal court judgment require further consideration.

Issues

Whether the record on appeal was properly prepared.
Whether the appeal is meritorious and the municipal court judgment is valid.

Disposition. Denied

Quotations verified verbatim against the opinion

“In our opinion the record contains everything necessary for a proper consideration of the question presented.”

“The question presented for determination upon the merits involves the validity of the judgment of the municipal court, which question requires further consideration.”

“The motion to dismiss or affirm is denied.”

TYLER, P. J. Motion to dismiss appeal or affirm judgment. The motion to dismiss is based on the contention that the record on appeal has not been properly prepared. In our opinion the record contains everything necessary for a proper consideration of the question presented. The motion to affirm the judgment is made upon the ground that the appeal is not meritorious. The question presented for determination upon the merits involves the validity of the judgment of the municipal court, which question requires further consideration.

The motion to dismiss or affirm is denied.

Cashin, J., and Knight, J., concurred.

Doran v. Sherman

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