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120 Cal. App. 121

Starkweather v. Eddy

California Court of Appeal

Decided January 22, 1932

California Court of Appeal · decided 1932-01-22

Relies on 63 Cal. App. 17 - General Motors Acceptance Corp. v. Holman

Decided 1932-01-22

CRAIG, J.

¶1The plaintiff and respondent moved to dismiss the appeal in the instant case upon the ground that *122the same was not pursued in this court within the time prescribed by law.

¶2Nothing 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 Pac. 1086], said motion should be granted.

¶3The appeal is dismissed.

¶4Works, P. J., and Friclce, J., pro tern., concurred.

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