Beecher

Beecher v. Leavenworth State Bank

Good Law
214 F.2d 113
United States Court of Appeals for the Ninth CircuitJuly 15, 195414167California159 words

Opinion

Appellees move to dismiss this appeal on the ground that Beecher has failed to take the proper steps necessary to perfect it. The motion is well made. The attorney for the Bank states he never received a copy of Beecher’s statement of points on appeal and there is no affidavit sworn before a notary or otherwise in the record of a service by mail upon the Bank.

The statement of points reveals that Beecher is relying upon the contention that there are moneys in the registry of the court which are available for the purposes of redeeming the property. This contention has been rejected by this court. Beecher v. Leavenworth State Bank, 9 Cir., 211 F.2d 158 , certio-rari denied, 347 U.S. 949 , 74 S.Ct. 649 , see also Beecher v. Leavenworth State Bank, 9 Cir., 209 F.2d 20, 22 , certiorari denied, 347 U.S. 949 , 74 S.Ct. 649 .

The motion to dismiss is ordered granted.