Robbins

Robbins v. Funge

Good Law
104 Cal. App. 196·1930 Cal. App. LEXIS 1056·285 P. 856
Court of Appeal of CaliforniaFebruary 21, 1930Docket No. 7290.California375 words

Opinion

Lead Opinion

Tyler, J.

Motion to dismiss appeal.

Plaintiff recovered judgment against defendants in an action for personal injuries in the sum of $750. The judgment was entered September 20, 1929. Defendants filed their notice of appeal and a stay bond on October 19, 1929. No request was ever made to the clerk to prepare a transcript and none has been filed, nor has any bill of exceptions been prepared or filed. No notice of intention to move for a new trial was made. Appellants, who appear in propria persona, attempt to excuse their delay in the preparation of the transcript on the ground that they relied upon their belief that respondent would join in a stipulation granting a new trial and also that family sickness prevented them from properly attending to the litigation and they pray that the time to file the transcript be extended to the month of May, 1930; We have no such power. Where an appellant has failed to comply with the essential requirements of either method of appeal from a Superior Court and the legal time for doing so has expired, the appeal must be. dismissed. (General Motors etc. Corp. v. Holman, 63 Cal. App. 17 [ 217 Pac. 1086 ].)

The method of taking and perfecting appeals to the…

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