Opinion

Starkweather v. Eddy

1932 Cal. App. LEXIS 90 · California Court of Appeal · Jan 22, 1932

Full text

J. W. STARKWEATHER v. F. J. EDDY

Opinions in this case

Majority
Majority — Craig

CRAIG, J. The plaintiff and respondent moved to dismiss the appeal in the instant case upon the ground that [122] the 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.