McAvoy v. Bothwell
McAvoy v. Bothwell, 12 P. 161 (Cal. 1886)
Syllabus
Appeal—Failure to File Transcript.—Appeal will be Dismissed, in pursuance of rules 3 and 4 of the California supreme court, for failure to file transcript, on clerk’s certificate of that fact.
Summary
APPEAL from Superior Court, County of Alameda.
Judgment in the lower court having been rendered for plaintiff, defendant gave notice of appeal. On the expiration of the statutory time for filing the transcript, plaintiff moved to dismiss for failure to file the transcript within the proper time, under rules 3 and 4 of the supreme court, and presented the certificate of the lower court stating the fact that such transcript had not been filed as required by such rules.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
By the COURT.
Application, on clerk’s certificate, to dismiss an appeal for failure to file the transcript in time. The application is granted.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 0 cases
No case in this database cites this case.