Nutley v. Metropolis Construction Co.

California Court of Appeal

Nutley v. Metropolis Construction Co.

110 P. 331, 13 Cal. App. 588, 1910 Cal. App. LEXIS 282

California Court of Appeal·Decided June 13, 1910·No. Civ. No. 752·Published

Opinion

CHIPMAN, P. J.

Plaintiff moves to dismiss the -appeal in the above-entitled action on the ground that no transcript of the record on appeal from.the judgment in said action has been filed and more than forty days have elapsed since the perfection of such appeal.

With the exception as to the amount of the judgment recovered by plaintiff, the facts are the same as in Union Lumber Co. v. Metropolis Construction Co. (No. 751), ante, p. 584, [110 Pac. 329], in which a similar motion was this day decided.

Conformably with the decision in that case, the appeal is dismissed.

Hart, J., and Burnett, J., concurred.

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CHIPMAN, P. J.

Plaintiff moves to dismiss the -appeal in the above-entitled action on the ground that no transcript of the record on appeal from.the judgment in said action has been filed and more than forty days have elapsed since the perfection of such appeal.

With the exception as to the amount of the judgment recovered by plaintiff, the facts are the same as in Union Lumber Co. v. Metropolis Construction Co. (No. 751), ante, p. 584, [110 Pac. 329], in which a similar motion was this day decided.

Conformably with the decision in that case, the appeal is dismissed.

Hart, J., and Burnett, J., concurred.

Nutley v. Metropolis Construction Co., 110 P. 331, 13 Cal. App. 588, 1910 Cal. App. LEXIS 282 (Cal. Ct. App. 1910).

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Opinion

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