Steffey v. Standard Stations, Inc. — 131 Cal. App. 202

Majority

p. 202

[Civ. No. 1253.

Fourth Appellate District.

April 13, 1933.]

GRACE STEFFEY et al., Appellants, v. STANDARD STATIONS, INC. (a Corporation), et al., Respondents.

Karl F. Kennedy for Appellants.

Conley, Conley & Conley for Respondents.

From the certificate of the county clerk on file herein it appears that notice of appeal was filed on January 21, 1933; that no bill of exceptions has been filed under section 650 of the Code of Civil Procedure; that no transcript has been filed under section 953a of the Code of Civil Procedure; that no request for a transcript under the provisions of section 953a of the Code of Civil Procedure has been filed; that no additional time in which to prepare and serve a bill of exceptions has been allowed; that no proceeding for a bill of exceptions or a transcript is pending in the trial court; and that the time within which a record might be prepared under either method has expired. Respondents’ motion to dismiss should, therefore, be granted (General Motors etc. Co. v. Holman, 63 Cal. App. 17 [ 217 Pac. 1086 ]; People v. Berkeley Chiropractic College, 103 Cal. App. 139 [ 283 Pac. 981 ] ; Union Trust Co. of San Diego v. Novotny, 125 Cal. App. 417 [ 13 Pac. (2d) 974 ]).

The appeal is dismissed.

Marks, J., and Jennings, J., concurred.

Cases cited

General Motors Acceptance Corp. v. Holman 63 Cal. App. 17 Cal. Dist. Ct. App. 1923-07-16 p. 202
People v. Berkeley Chiropractic College 103 Cal. App. 139 Cal. Dist. Ct. App. 1930-01-10 p. 202
Union Trust Co. v. Novotny 125 Cal. App. 417 Cal. Dist. Ct. App. 1932-08-20 p. 202