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Starkweather v. Eddy

Court of Appeal of California, Second District, Division Two
Jan 22, 1932
120 Cal.App. 121 (Cal. Ct. App. 1932)

Opinion

Docket No. 8215.

January 22, 1932.

MOTION to dismiss an appeal from a judgment of the Superior Court of Los Angeles County. M.G. Woodward, Judge. Appeal dismissed.

The facts are stated in the opinion of the court.

No appearance for Appellant.

C.C. Montgomery, Harry J. Miller and Harry Cogen for Respondent.


The plaintiff and respondent moved to dismiss the appeal in the instant case upon the ground that the same was not pursued in this court within the time prescribed by law.

[1] Nothing more than the filing and serving of a notice of appeal appears to have been accomplished prior to expiration of the time for ordering a transcript. The motion to dismiss is not resisted, and since it falls squarely within the purview of General Motors Acceptance Corp. v. Holman, 63 Cal.App. 17 [ 217 P. 1086], said motion should be granted.

The appeal is dismissed.

Works, P.J., and Fricke, J., pro tem., concurred.


Summaries of

Starkweather v. Eddy

Court of Appeal of California, Second District, Division Two
Jan 22, 1932
120 Cal.App. 121 (Cal. Ct. App. 1932)
Case details for

Starkweather v. Eddy

Case Details

Full title:J.W. STARKWEATHER, Respondent, v. F.J. EDDY, Appellant

Court:Court of Appeal of California, Second District, Division Two

Date published: Jan 22, 1932

Citations

120 Cal.App. 121 (Cal. Ct. App. 1932)
7 P.2d 744