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4 Cal. App. 509

88 P 591

Gabel v. Page

California Court of Appeal

Decided December 3, 1906

California Court of Appeal · decided 1906-12-03

MOTION to dismiss an appeal from a judgment of the Superior Court of Tulare County, and from an order denying a new trial. W. W. Wallace, Judge. The facts are stated in the opinion of the .court.

Decided 1906-12-03

SMITH, J.

¶1Motion to dismiss appeal. The transcript was filed within the time allowed by the order of the court extending the time; and this order cannot be attacked on a motion to dismiss; nor, were it otherwise, have we any reason to be dissatisfied with it. It has always been the practice of this court to be liberal in extending the time for filing transcripts or briefs in eases where no delay in the hearing of the case can result.

¶2The motion is denied.

¶3Allen, J., and Gray, P. J., concurred.

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