Madera Canal & Irrigation Co. v. Arakelian, Inc.

This is a motion to dismiss defendant’s appeal on the ground that no bill of exceptions or other record on appeal has been prepared or filed. The following facts appear from the clerk’s certificate and the affidavits on file:

“During the course of the trial . . . and after the' evidence therein was fully taken and before the said cause was decided, ... a full and complete transcript of the evidence and proceedings had during said trial was made by the court reporters who reported said cause, and the original of said transcript was left with the judge of said court,. . . . and a copy thereof furnished to the attorney for said plaintiff and to the attorney for said defendant.” Judgment was entered February 20, 1928. March 2, 1928, the defendant filed notice of intention to move for a new trial. March 29, 1928, notice of the entry , of judgment was served on defendant. The court’s power tc pass on a motion for a new trial expired sixty days thereafter. (Code Civ. Proc., sec. 660.) ‘The defendant had thirty days after the expiration of such sixty-day period in which to appeal. (Code Civ. Proc., see. 939.) June 12, 1928, the defendant filed notice of appeal and also filed with the…