Troy Laundry MacHinery Co. v. Drivers' Independent Laundry Co.

Motion to dismiss appeal from judgment upon the ground that appellant failed to file its points and authorities within the time prescribed by the rules of this -court. (Subd. 4, rule II, [ 78 Pac. vii ].)

The transcript was filed December 6, 1909, and the period of thirty days allowed to appellant for filing its points and authorities expired on January 5, 1910. The points and authorities, however, were not filed until February 23, 1910. The reason for the delay, as appears from appellant’s affidavit filed in opposition to the motion, was that respondent’s attorney died on December 30, 1909, at which time ap pellant had six days within which to file its points and authorities. Upon the death of an attorney all further proceedings against the party for whom he was acting as attorney are stayed until such time (unless he of his own motion appoint another attorney) as the adverse party shall by written notice require him. to appoint another attorney or appear in person. (Code Civ. Proc., see. 286.) By virtue of the provisions of this section all proceedings in the prosecution of the appeal were suspended from the date when respondent’s attorney died until such time- as respondent…