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In re Sweet's Estate

3 Cal. Unrep. 485 Court Cal. Decision date 1892-03-17 Docket No. 15,000; English

Contents

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p. 485
In re SWEET’S ESTATE.
No. 15,000;
March 17, 1892.
29 Pac. 249.

Headnote

Appeal.—A Motion to Dismiss an Appeal on the Ground that the transcript has not been filed within the time prescribed by the supreme court rules will be denied, where the certificate of the clerk of the trial court on which such motion is based does not conform to supreme court rule 4.[1]
APPEAL from Superior Court, City and County of San Francisco.
In the matter of the estate of Taatemi Sweet, deceased. On motion to dismiss an appeal from a decree of distribution. Motion denied.
Dunne & McPike for appellant; Timothy J. Lyons and W. A. Stuart for respondent.

This is a motion to dismiss an appeal from a decree of distribution, upon the ground that the transcript has not been filed within the time prescribed by the rules of this court. A motion to dismiss an appeal upon this ground must be based upon a certificate of the clerk of the trial court, certifying the facts required by rule 4 of this court.[1] The certificate relied upon in this ease does not meet the requirements of the rule. Let the motion to dismiss the appeal be denied without prejudice.