Murphy v. Lynch

The respondent moved to dismiss the appeal in this case on the grounds that it is frivolous, that it was not perfected within the time allowed by law, that no notice of appeal or transcript was served or filed pursuant to section 953a of the Code of Civil Procedure, that no bill of exceptions was settled or filed, that the clerk’s transcript of the judgment-roll which was filed in this court does no't conform to the requirements of Rule YII of the Rules for the Supreme Court and District Courts of Appeal, chiefly because it is typewritten and not printed, and that the appellant’s brief which was filed in this court does not conform to the requirements of Bule I, section 4, and Bule VIII of said court rules, for the reason that the brief is typewritten and not printed and that it contains on the first page thereof no statement of the questions involved on appeal.

This is an appeal from a judgment which was rendered against the plaintiff in a suit for malpractice. The notice of appeal which was filed under the old method of procedure as provided by section 940 of the Code of Civil Procedure is sufficient to present to this court for determination the question as to whether the…