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60 Cal. 234

Smith v. Arnold

California Supreme Court

Decided March 20, 1882

California Supreme Court · decided 1882-03-20

Motion to dismiss an appeal from a judgment for the plaintiff and from an order denying a new trial in the Superior Court of Colusa County. The appeal was perfected December 10, 1881. Notice of motion to dismiss was served January 27, 1882, by leaving a copy in the office of appellant’s attorney.

Decided 1882-03-20

The Court:

¶1The transcript was not filed in this Court within the forty days after the' appeal was perfected, nor was it filed before the notice to dismiss the appeal was given. No sufficient excuse has been shown why it was not so filed, and no application was made to this Court before the expiration of the forty days for an extension of the time to file the transcript. (Rules 1-11.)

¶2Appeal dismissed.

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