Oxford v. Imperial Southside Water Co.

California Court of Appeal

Oxford v. Imperial Southside Water Co.

34 Cal. App. 1

CourtCalifornia Court of Appeal

DecidedJune 1, 1917

DocketCiv. No. 2279

StatusPublished

This text of 34 Cal. App. 1 (Oxford v. Imperial Southside Water Co.) 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.

Bluebook

Oxford v. Imperial Southside Water Co., 34 Cal. App. 1 (Cal. Ct. App. 1917).

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Opinion

CONREY, P. J.

Motion to dismiss.

Upon due notice to opposing counsel, defendant presented to the court this motion for an order dismissing this cause from the court’s calendar on the ground that no notice of appeal has at any time been served, either as required by section 940 of the Code of Civil Procedure or as required by section 941b of that code. The notice upon which plaintiff relies as a notice of appeal herein omits the words necessary to constitute a notice of appeal. It states that the plaintiff “de[2]*2sires and intends to appeal” from the judgment and that he “has appealed therefrom,” and closes by requesting that a transcript of the testimony, etc., be made up and prepared. This is not a notice of appeal. The law relating to this matter is clearly stated and the principal decisions on .the same point are cited in Estate of Faber, 168 Cal. 491, [143 Pac. 737].

The motion to dismiss is granted.

James, J., and Works, J., pro tern., concurred.

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CONREY, P. J.

Motion to dismiss.

Upon due notice to opposing counsel, defendant presented to the court this motion for an order dismissing this cause from the court’s calendar on the ground that no notice of appeal has at any time been served, either as required by section 940 of the Code of Civil Procedure or as required by section 941b of that code. The notice upon which plaintiff relies as a notice of appeal herein omits the words necessary to constitute a notice of appeal. It states that the plaintiff “de[2]*2sires and intends to appeal” from the judgment and that he “has appealed therefrom,” and closes by requesting that a transcript of the testimony, etc., be made up and prepared. This is not a notice of appeal. The law relating to this matter is clearly stated and the principal decisions on .the same point are cited in Estate of Faber, 168 Cal. 491, [143 Pac. 737].

The motion to dismiss is granted.

James, J., and Works, J., pro tern., concurred.

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34 Cal. App. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oxford-v-imperial-southside-water-co-calctapp-1917.

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