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Tighe v. Vail

Court of Appeal of California, Fourth District
May 9, 1941
44 Cal.App.2d 934 (Cal. Ct. App. 1941)

Opinion

Docket No. 2662.

May 9, 1941.

APPEAL from a judgment of the Superior Court of Orange County. Appeal dismissed on motion.

John J. Beck for Appellant.

Arthur G. Baker and Joseph A. Ball for Respondent.


This is a motion to dismiss an appeal from a judgment entered on December 13, 1940.

[1] There is nothing on file here except the moving papers which include a certificate of the county clerk of Orange County. It appears that a motion for new trial was denied on January 21, 1941. Notice of denial of the motion was served on January 22, 1941, and filed on January 23, 1941. A motion to terminate proceedings for the preparation of a record on appeal was granted by the trial judge on March 28, 1941. Under these facts the motion to dismiss must be granted. ( Wright v. Wright, 43 Cal. App. (2d) 46 [ 110 P.2d 88].)

The appeal is dismissed.

Barnard, P.J., and Griffin, J., concurred.


Summaries of

Tighe v. Vail

Court of Appeal of California, Fourth District
May 9, 1941
44 Cal.App.2d 934 (Cal. Ct. App. 1941)
Case details for

Tighe v. Vail

Case Details

Full title:A.L. TIGHE, Respondent, v. EDWIN H. VAIL, Appellant

Court:Court of Appeal of California, Fourth District

Date published: May 9, 1941

Citations

44 Cal.App.2d 934 (Cal. Ct. App. 1941)
112 P.2d 965