Brunnings v. Townsend

Citations

• 6 Cal. Unrep. 647
• 64 P. 106
• 1901 Cal. LEXIS 1230

Syllabus

<p>Appeal—Time to File Transcript.—An Appeal was Taken, and the appellant also brought a mandamus as to the same controversy; and the appellant was granted forty days after the decision of the mandamus proceeding in which to prepare, serve and file the printed transcript in the appeal case. The mandamus proceeding was in bank, and determined adversely to the appellant, but he presented no petition for a rehearing. Held, that the time to prepare and file the transcript commenced to run on the determination of the mandamus proceeding, instead of after the expiration of thirty days thereafter in which a rehearing could be granted.</p> <p>Appeal.—Where a Transcript is not Filed Within the Time granted by the supreme court, but such failure is due to a mistake as to when such time expired, and is filed shortly thereafter, and no material delay is occasioned, and no costs are caused to respondent, the appeal will not be dismissed therefor.</p>