Bank of America National Trust & Savings Ass'n v. Haddan

California Court of Appeal

Bank of America National Trust & Savings Ass'n v. Haddan

73 P.2d 946, 23 Cal. App. 2d 596, 1937 Cal. App. LEXIS 705

CourtCalifornia Court of Appeal

DecidedNovember 24, 1937

DocketCiv. No. 2145

StatusPublished

Cited by1 cases

This text of 73 P.2d 946 (Bank of America National Trust & Savings Ass'n v. Haddan) 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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Bank of America National Trust & Savings Ass'n v. Haddan, 73 P.2d 946, 23 Cal. App. 2d 596, 1937 Cal. App. LEXIS 705 (Cal. Ct. App. 1937).

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Opinion

JENNINGS, J.

This motion by respondent to dismiss the appeal herein for appellants’ failure to file a transcript of the record within the prescribed time is supported by the certificate of the county clerk of the county wherein the action was tried. Prom this certificate the following uncontradicted facts appear: Notice of appeal was filed on June 11, 1936. No bill of exceptions has been settled as provided by section 650 of the Code of Civil Procedure. No transcript has been prepared in accordance with the provisions of section 953a of the Code of Civil Procedure. The statutory period within which a record on appeal may be prepared and filed under either of the methods provided by law for perfecting an appeal has expired. On October 18, 1937, the trial court, on motion of respondent, made its order terminating proceedings for procuring a transcript on appeal and dismissing appellants’ application for such transcript.

The motion for dismissal is therefore proper and must be granted. (Hunter v. Paxton, 136 Cal. App. 332 [28 Pac. (2d) 1075]; Ciani v. Dubuque F. & M. Ins. Co., 1 Cal: App. (2d) 379 [36 Pac: (2d) 658].)

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 herein for appellants’ failure to file a transcript of the record within the prescribed time is supported by the certificate of the county clerk of the county wherein the action was tried. Prom this certificate the following uncontradicted facts appear: Notice of appeal was filed on June 11, 1936. No bill of exceptions has been settled as provided by section 650 of the Code of Civil Procedure. No transcript has been prepared in accordance with the provisions of section 953a of the Code of Civil Procedure. The statutory period within which a record on appeal may be prepared and filed under either of the methods provided by law for perfecting an appeal has expired. On October 18, 1937, the trial court, on motion of respondent, made its order terminating proceedings for procuring a transcript on appeal and dismissing appellants’ application for such transcript.

The motion for dismissal is therefore proper and must be granted. (Hunter v. Paxton, 136 Cal. App. 332 [28 Pac. (2d) 1075]; Ciani v. Dubuque F. & M. Ins. Co., 1 Cal: App. (2d) 379 [36 Pac: (2d) 658].)

The appeal is dismissed.

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

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73 P.2d 946, 23 Cal. App. 2d 596, 1937 Cal. App. LEXIS 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-america-national-trust-savings-assn-v-haddan-calctapp-1937.

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