Atlas Assurance Co. v. Tunstall

California Court of Appeal

Atlas Assurance Co. v. Tunstall

75 P.2d 121, 24 Cal. App. 2d 371, 1938 Cal. App. LEXIS 912

CourtCalifornia Court of Appeal

DecidedJanuary 13, 1938

DocketCiv. No. 1899

StatusPublished

Cited by1 cases

This text of 75 P.2d 121 (Atlas Assurance Co. v. Tunstall) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Atlas Assurance Co. v. Tunstall, 75 P.2d 121, 24 Cal. App. 2d 371, 1938 Cal. App. LEXIS 912 (Cal. Ct. App. 1938).

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Opinion

JENNINGS, J.

This motion by respondent to dismiss the appeal for failure of appellant to have filed a transcript on appeal within the time prescribed by law is supported by the certificate of the county clerk of the county wherein the action was tried. From this certificate it appears that notice of appeal was filed on July 10, 1937, that on the same date appellant requested the clerk to prepare a transcript to be used on the appeal, that the proceedings thus initiated by appellant for the purpose of having such transcript prepared were not completed and were dismissed and terminated by the trial court on October 22, 1937, and that no proceedings for the preparation of such transcript or for the settlement of a bill of exceptions are now pending in the trial court. The motion for dismissal is therefore proper and must be granted. (Di Giacomo v. Southern Pac. Co., 1 Cal. App. (2d) 377 [36 Pac. (2d) 427].)

The appeal is dismissed.

Barnard, P. J., and Marks, J., concurred.

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JENNINGS, J.

This motion by respondent to dismiss the appeal for failure of appellant to have filed a transcript on appeal within the time prescribed by law is supported by the certificate of the county clerk of the county wherein the action was tried. From this certificate it appears that notice of appeal was filed on July 10, 1937, that on the same date appellant requested the clerk to prepare a transcript to be used on the appeal, that the proceedings thus initiated by appellant for the purpose of having such transcript prepared were not completed and were dismissed and terminated by the trial court on October 22, 1937, and that no proceedings for the preparation of such transcript or for the settlement of a bill of exceptions are now pending in the trial court. The motion for dismissal is therefore proper and must be granted. (Di Giacomo v. Southern Pac. Co., 1 Cal. App. (2d) 377 [36 Pac. (2d) 427].)

The appeal is dismissed.

Barnard, P. J., and Marks, J., concurred.

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75 P.2d 121, 24 Cal. App. 2d 371, 1938 Cal. App. LEXIS 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlas-assurance-co-v-tunstall-calctapp-1938.

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