Foster v. Carey

California Court of Appeal Jun 27, 1939 No. Civ. No. 2347Published

Before: Marks

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Holding. The court dismissed the appeal because the appellant failed to prepare a record on appeal, and the trial court had terminated all proceedings for the preparation of such a record.

Issues

Whether an appeal should be dismissed when no clerk's or reporter's transcripts or bill of exceptions were prepared.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“no clerk’s nor reporter’s transcripts nor bill of exceptions were ever prepared; that on April 28, 1,939, the Superior Court of Imperial County terminated all proceedings for the preparation of a record on appeal.”

“The appeal is dismissed.”

MARKS, J. This is a motion to dismiss this appeal from a judgment of the Superior Court of Imperial County.

Nothing has been filed here except the papers on this motion, which include a certificate of the county clerk of Imperial County which shows that judgment was rendered for defendants on August 25, 1938; that notice of appeal was filed on November 4, 1938; that no clerk’s nor reporter’s transcripts nor bill of exceptions were ever prepared; that on April 28, 1,939, the Superior Court of Imperial County terminated all proceedings for the preparation of a record on appeal.

The appeal is dismissed.

Barnard, P. J., concurred.

Foster v. Carey

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