Flynn v. Cottle

Citations

• 47 Cal. 526

Syllabus

<p>Cancellation of Cebtletcate Settling Statement.—If, after an appeal was taken from a judgment, a statement on appeal was settled and certified as correct by the Judge, he could, under section sixty-eight of the Practice Act, at any time during the term, or within five months thereafter, cancel the certificate, on becoming satisfied that it was erroneous, or was made through inadvertence, and the filing of the transcript on appeal in the Supreme Court did not deprive him of this power.</p> <p>Settling oe Statement aeteb an Appeal.—When a certificate of the Judge, settling a statement made after appeal from the judgment, is cancelled by the Judge, after the transcript on appeal from the judgment has been filed in the Supreme Court, the respondent is not entitled to have the appeal dismissed, but the appellant is entitled to have the appeal retained until he can procure the statement to be settled and certified.</p>