Bethell v. Rogers

Citations

• 100 Cal. 175
• 34 P. 645
• 1893 Cal. LEXIS 764

Syllabus

<p>Appeal—Time fob Filing Transcript—Certificate of Counsel—Construction of Rules.—Rule XI of the supreme court providing that if a party shall present to the attorney of the adverse party a transcript upon appeal in a civil cause, and request his certificate that the same is correct, and said attorney, upon such request, shall, for a period of five days, neglect or refuse to join in such certificate, the costs of procuring a proper certificate shall be taxed against him, does not supersede the provision of rule II, which requires the transcript to be filed within forty days after taking the appeal, nor does it extend the time for filing the transcript until the expiration of the period given to the adverse party to examine the same.</p> <p>Id.—Neglect of Appellant—Dismissal of Appeal,—Where an appellant allowed nearly sixty days to elapse after the taking of the appeal before, he caused the transcript upon appeal to be sent to the attorney for respondent for his certificate to its correctness, and waited until nearly a year thereafter before he filed it, a motion to dismiss the appeal made before the filing of the transcript will be granted.</p>