Starkweather v. Eddy

California Court of Appeal

Starkweather v. Eddy

120 Cal. App. 121

California Court of Appeal·Decided January 22, 1932·No. Civ. No. 8215·Published

Opinion

CRAIG, J.

The plaintiff and respondent moved to dismiss the appeal in the instant case upon the ground that [122]*122the same was not pursued in this court within the time prescribed by law.

Nothing more than the filing and serving of a notice of appeal appears to have been accomplished prior to expiration of the time for ordering a transcript. The motion to dismiss is not resisted, and since it falls squarely within the purview of General Motors Acceptance Corp. v. Holman, 63 Cal. App. 17 [217 Pac. 1086], said motion should be granted.

The appeal is dismissed.

Works, P. J., and Friclce, J., pro tern., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

CRAIG, J.

The plaintiff and respondent moved to dismiss the appeal in the instant case upon the ground that [122]*122the same was not pursued in this court within the time prescribed by law.

Nothing more than the filing and serving of a notice of appeal appears to have been accomplished prior to expiration of the time for ordering a transcript. The motion to dismiss is not resisted, and since it falls squarely within the purview of General Motors Acceptance Corp. v. Holman, 63 Cal. App. 17 [217 Pac. 1086], said motion should be granted.

The appeal is dismissed.

Works, P. J., and Friclce, J., pro tern., concurred.

Starkweather v. Eddy, 120 Cal. App. 121 (Cal. Ct. App. 1932).

Pincite

120 Cal. App. 121 (Starkweather v. Eddy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related