Smith v. Big Horn Mining Co.

Plaintiffs brought this action for damages against defendants. It resulted in a jury verdict for defendants, judgment upon which was entered on June 11, 1958.

According to the clerk’s certificate on file in connection with the motion oE defendants to dismiss the appeal, it shows a written notice of entry of said judgment was filed on June 16, 1958, in said action in Independence, Inyo County, where the ease was tried. Attached to the written notice of entry was an affidavit of service by mail, stating that a copy of said notice of entry of judgment was mailed by the attorneys for the defendants to the attorneys for the plaintiffs on June 12, 1958. The clerk’s record also shows that on June 23, 1958, plaintiff filed a notice of intention to move for a new trial; that said motion was heard on July 18, 1958, and it was ordered submitted; that the court did not make any ruling on said motion then nor at any other subsequent time; that on September 16, 1958, a notice of appeal, dated September 16, 1958, was filed herein; that on September 22, 1958, a notice to prepare a clerk’s and reporter’s transcript was filed by plaintiffs and that the record has not been prepared pursuant to said…