Downs v. Downs
BERTHA L. DOWNS, Appellant, v. WILLIS F. DOWNS, Respondent
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of Los Angeles County
- Trial judge
- William Hazlett
- Outcome
- affirmed — Affirmed.
- Area
- civil
- Panel
- William H. Waste (author)
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 — Waste
WASTE, C. J.
— Plaintiff appeals from a judgment against her in an action for divorce. Respondent has moved to dismiss the appeal, and for an affirmance of the judgment. The motion to dismiss the appeal was denied when the motion came on for hearing.
*635 The notice to the clerk of the trial court requesting that a transcript on appeal be prepared and made up, as provided by the alternative method, was not filed in time, and appellant’s subsequent application to the court below for relief from the default was denied. Notice of appeal from the order denying the relief appears to have been given, but no steps have been taken to perfect such appeal.
Assuming that appellant may still be entitled to prosecute an appeal on the judgment-roll alone, she admits," what seems to be an obvious fact, that without a record containing the clerk’s transcript she cannot have a consideration of the merits of the cause.
The motion for an affirmance of the judgment is therefore granted.
The judgment is affirmed.
Shenk, J., Richards, J., Seawell, J., Preston, J., and Curtis, J., concurred.