Opinion
Docket No. 1253.
April 13, 1933.
MOTION to dismiss an appeal from a judgment of the Superior Court of Fresno County. T.R. Thomson, Judge. Appeal dismissed.
The facts are stated in the opinion of the court.
Karl F. Kennedy for Appellants.
Conley, Conley Conley for Respondents.
[1] From the certificate of the county clerk on file herein it appears that notice of appeal was filed on January 21, 1933; that no bill of exceptions has been filed under section 650 of the Code of Civil Procedure; that no transcript has been filed under section 953a of the Code of Civil Procedure; that no request for a transcript under the provisions of section 953a of the Code of Civil Procedure has been filed; that no additional time in which to prepare and serve a bill of exceptions has been allowed; that no proceeding for a bill of exceptions or a transcript is pending in the trial court; and that the time within which a record might be prepared under either method has expired. Respondents' motion to dismiss should, therefore, be granted ( General Motors etc. Co. v. Holman, 63 Cal.App. 17 [ 217 P. 1086]; People v. Berkeley Chiropractic College, 103 Cal.App. 139 [ 283 P. 981]; Union Trust Co. of San Diego v. Novotny, 125 Cal.App. 417 [ 13 P.2d 974]).
The appeal is dismissed.
Marks, J., and Jennings, J., concurred.