Valine
Valine v. Valine
Opinion
Lead Opinion
Plummer, J.
Motion to dismiss appeal. Plaintiff and respondent obtained judgment against the defendants in the superior court of Sacramento County for the sum of $1,250, or the restitution of a certain automobile, and also for the further sum of $62.40 damages and costs of suit. This judgment was entered on the fifteenth day of January, 1920. On January 29, 1920, defendants gave notice of motion to move for a new trial. On March 1, 1920, the court denied the defendants’ motion. On March 3, 1920, the plaintiff served upon the defendants a notice of the order of the court overruling their motion for a new trial, as above stated. On March 13, 1920, the defendants, Rosa Valine, Manuel Fernandez, and John Fernandez, filed in the superior court their notice of appeal. On March 16, 1920, said named defendants filed with the clerk of the superior court of Sacramento County a notice to prepare a transcript on appeal in this action, the same to be prepared under section 953a of the Code of Civil Procedure. On the same day the defendants filed with the clerk an undertaking to pay the costs of the preparation of the transcript, and also filed an undertaking to stay execution. No further action appears to…