Pierce

Pierce v. Employers' Indemnity Exchange

Good Law
1917 Cal. App. LEXIS 154·33 Cal. App. 98·164 P. 403·164 P.2d 403
Court of Appeal of CaliforniaFebruary 27, 1917Civ. No. 2303.California598 words

Opinion

Lead Opinion

This was an action at law in which the amount of the demand was less than two thousand dollars, and the appeal should have been taken to this court. Nevertheless the defendant, Employers’ Indemnity Exchange, appealed to the supreme court, and.filed its transcript with the clerk of that court on the nineteenth day of December, 1916. By order of February 6,1917, the supreme court transferred the ease to this court, the transfer being made on jurisdictional grounds. No brief having been filed on behalf of the appellant, the respondent Pierce, on February 8, 1917, served and filed notice of motion to dismiss, stating, among other grounds of motion, that appellant had not filed its brief or points and authorities within thirty days from the time of filing the transcript. More than thirty days after the transcript was filed, and before the transfer of the case to this court, the chief justice of the supreme court signed an order extending appellant’s time for filing points and authorities until the nineteenth day of February, 1917, and on the nineteenth day of February, 1917, the presiding justice of this court signed an order which was entered in the minutes, extending appellant’s time…

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