Foster v. Carey

California Court of Appeal

Foster v. Carey

92 P.2d 444, 33 Cal. App. 2d 543, 1939 Cal. App. LEXIS 266

California Court of Appeal·Decided June 27, 1939·No. Civ. No. 2347·Published·Cited by 1 cases

Opinion

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.

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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, 92 P.2d 444, 33 Cal. App. 2d 543, 1939 Cal. App. LEXIS 266 (Cal. Ct. App. 1939).

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Opinion

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