McGuire v. McGuire — 129 Cal. App. 644

Majority

p. 644

[Civ. No. 8884.

Second Appellate District, Division One.

February 16, 1933.]

MAE J. McGUIRE, Appellant, v. FRANK H. McGUIRE, Respondent. FRANK H. McGUIRE, Respondent, v. MAE J. McGUIRE, Appellant.

p. 645

Roy Maggart, Allen Miller and Alfred Jay Luke for Appellant.

Bailie, Turner & Lake and Richard A. Turner for Respondent.

On presentation of a motion by respondent to dismiss the appeal from the judgment, because of the failure of appellant to file transcript within the time prescribed by statute and the rules of this court, as well for the reason that appellant heretofore has accepted payment of a portion of the benefits awarded to her by the judgment—it appearing to the satisfaction of this court that the said ultimate facts are fully supported by affidavits on behalf of respondent, and which facts are not controverted by affidavit or otherwise by appellant, it is ordered that said motion be and it is granted; and in accordance therewith, that said appeal be and it is dismissed. (See Rules I, V, VI and XI of this court; secs. 650, 659, 939 and 953a, Code Civ. Proc.; People v. Lambert, 96 Cal. App. 381 , 382 [ 274 Pac. 401 ]; Coats v. Coats, 146 Cal. 443 , 444 [ 80 Pac. 694 ]. Also, Storke v. Storke, 132 Cal. 349 , 353 [ 64 Pac. 578 ]; People v. Burns, 78 Cal. 645 , 646 [ 21 Pac. 540 ] ; In re Baby, 87 Cal. 200 , 202 [ 25 Pac. 405 , 22 Am. St. Rep. 239 ]; Estate of Shaver, 131 Cal. 219 [ 63 Pac. 340 ].)

Conrey, P. J., and York, J., concurred.

Cases cited

People v. Lambert 96 Cal. App. 381 Cal. Dist. Ct. App. 1929-01-22 at 382 p. 645
Coats v. Coats 146 Cal. 443 Cal. 1905-04-03 at 444 p. 645
Storke v. Storke 132 Cal. 349 Cal. 1901-03-29 at 353 p. 645
People ex rel. Dunn v. Burns 78 Cal. 645 Cal. 1889-04-22 at 646 p. 645
In re Estate of Baby 87 Cal. 200 Cal. 1890-12-19 at 202 p. 645
Barkly v. Copeland 25 Pac. 405 Cal. 1890-12-26 p. 645
Shaver v. Tunstead 131 Cal. 219 Cal. 1900-12-29 p. 645