Callaway

Callaway v. Wolcott

Good Law
1928 Cal. App. LEXIS 176·90 Cal. App. 753·266 P. 574
Court of Appeal of CaliforniaApril 10, 1928Docket No. 4888.California1,139 words

Opinion

Lead Opinion

Hazlett, J.

Plaintiffs appeal in this action pursuant to the alternative method provided for in sections 953a, 953b, and 953c, of the Code of Civil Procedure, from an order of the trial court relieving defendant (respondent) N. A. Wolcott, under the provisions of section 473 of the Code of Civil Procedure, from his failure to file with the clerk his notice pursuant to the provisions of section 953a, within the time therein limited, to require the preparation for certification of a transcript of the record in the prior appeal which he made from the judgment entered against him in the action.

However, the appellants in this appeal did not print in their briefs or in a supplement thereto any part of the record except a portion of an affidavit made by defendant Wolcott in support of his application for the relief, which printed portion in itself is insufficient to show error on the part of the trial court in granting the relief. Respondent Wolcott’s brief does not aid appellants in their appeal, for he printed no portion of the record. Therefore, the record properly before us fails to show error on the part of the trial court in permitting the notice to be filed with the clerk requiring the…

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