Sanborn

Sanborn v. Pomona Pump Co.

Good Law
129 Cal. App. 36·18 P.2d 65
Court of Appeal of CaliforniaJanuary 19, 1933Docket No. 791.California690 words

Opinion

Lead Opinion

Barnard, J.

This is a motion to dismiss an appeal. On February 1, 1932, the Superior Court of Kern County, upon motion of the defendant, ordered the trial of the action transferred to the county of Los Angeles, from which order the plaintiff has appealed. On February 9, 1932, counsel for the appellant wrote to the attorney for the respondent, sending him a copy of the proposed bill of exceptions, informing him that the same would be presented to the judge who made the order on February 10, 1932, calling his attention to the provisions of section 650 of the Code of Civil Procedure relating to the right of the adverse party to participate in such a proceeding to settle a hill of exceptions and to the fact that section 649 of this code is not equally explicit in this regard, and asking him either to consent to the proposed bill or, if desired, to propose amendments thereto. The proposed bill of exceptions was presented to the judge on February 10, 1932. On February 16, 1932, the attorney for the respondent wrote to the attorney for the appellant inclosing a copy of his proposed amendments to the bill of exceptions, stating that he had examined the original papers then in the office of the county…

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