Hofer v. Grundy

California Court of Appeal · Civ. No. 1563. · 1914-06-03 · Published · 142 P. 102 · 24 Cal. App. 686 · 1914 Cal. App. LEXIS 148

Fred A. Hofer v. C. Fred Grundy

Area: civil
Panel: Nathaniel P. Conrey (author), &#8212

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

Respondent moves to dismiss defendants' appeal from the judgment herein upon the ground that appellants have wholly failed to serve and file a transcript within the time prescribed by rule II. The record shows that by stipulation a substituted bond on appeal was filed on March 19, 1914. Respondent's notice of motion to dismiss the appeal was served and filed on March 21st, and was presented and submitted to the court on April 28th. Manifestly the motion was prematurely made and should be denied. It is so ordered.

James, J., and Shaw, J., concurred. *Page 687