Thrasher v. Thrasher

Full title: HARRIET M. THRASHER, Appellant, v. MARY E. THRASHER et al., Respondents

Court: Court of Appeal of California, Fourth District

Date published: May 10, 1939

32 Cal.App.2d 610 (Cal. Ct. App. 1939)

90 P.2d 365

Opinion

Docket No. 2331.

May 10, 1939.

APPEAL from a judgment of the Superior Court of Riverside County. Appeal dismissed.

The facts are stated in the opinion of the court.

No appearance for Appellant.

A. Heber Winder, William H. Wood and Winthrop O. Gordon for Respondents.

BARNARD, P.J.

Motion by respondent to dismiss appeal on the ground that no transcript has been filed and that proceedings for the preparation of a record have been terminated in the trial court.

[1] From the certificate of the county clerk it appears that judgment was entered on February 21, 1938; that a motion for a new trial was denied on April 25, 1938; that notice to the clerk to prepare a transcript was filed on May 31, 1938; that no further steps have been taken by the appellant since said date with respect to preparing a record; that on February 26, 1939, on motion, an order was made in the trial court terminating any proceedings for the preparation of a record; that no proceedings for the preparation of a bill of exceptions or of a transcript are now pending before said court; and that the time therefor has expired. The motion must, therefore, be granted. ( Bruce v. Tunstall, 24 Cal.App. (2d) 370 [ 75 P.2d 120]; Christensen v. Couey, 136 Cal.App. 268 [ 28 P.2d 689].)

The appeal is dismissed.

Marks, J., and Griffin, J., concurred.