Oberkotter

Oberkotter v. Spreckels

Good Law
1923 Cal. App. LEXIS 327·63 Cal. App. 683·219 P. 1010
Court of Appeal of CaliforniaSeptember 18, 1923Civ. No. 4211.California501 words

Opinion

Lead Opinion

Works, J.

This is an appeal by plaintiff from a judgment in favor of defendants. The cause is now before us on a motion to dismiss the appeal.

The judgment was one dismissing the action for lack of prosecution, and in contending for a reversal appellant malíes the point that the judgment resulted from an abuse of the discretion reposed by law in the trial judge. The motion to dismiss the appeal is presented on the ground that the evidence upon which the cause was dismissed is not before us, and that, therefore, there is nothing upon which we may base a consideration of the question made by appellant. The appeal is not prosecuted under the so-called alternative method, and the printed “record” which has been furnished us contains no bill of exceptions. There is a printed “transcript on appeal” which sets forth only a notice of motion to dismiss the action, an affidavit, an order dismissing case, a notice of appeal and a certificate of the clerk of the trial court that the other papers mentioned are copies of papers on file in his office. We are also presented with a printed “supplemental transcript,” containing the pleadings and minute 'orders making disposition of demurrers. It is…

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