Buckley v. Althorf

Citations

• 86 Cal. 643
• 25 P. 134
• 1890 Cal. LEXIS 1084

Syllabus

<p>Appeal — New Trial — Motion on Minutes of Court—Notice of Intention — Specifications. — Where a motion for a new trial is submitted on the minutes of the court, and no specification of insufficiency of the evidence or assignment of errors is given in the notice of the motion, no subsequent statement of the case is authorized, and if made and settled, will not be considered on appeal.</p> <p>Id. —Statement not Filed in Time. —A statement on motion for a new trial, served six days after the expiration of the time allowed by law and by all 'extensions given, will not be considered on appeal.</p> <p>Id. —Dismissal — Failure to File Transcript — Insufficient Record — Reinstatement. —Where no transcript is filed within forty days after the perfecting of the appeal, and there is no statement cr bill of exceptions which can be used upon the appeal, settled or pending settlement, the appeal is properly dismissed, and will not be reinstated, if no sufficient cause is shown why the order of dismissal should be vacated.</p>