Garibaldi v. Garr

Citations

• 97 Cal. 253
• 32 P. 170
• 1893 Cal. LEXIS 523

Syllabus

<p>Appeal — Dismissal — Failure to File Transcript — Affirmance — Second Appeal. — The dismissal of an appeal from a judgment because of a failure by the appellant to file the transcript within the time prescribed by rule 2 of the supreme court is, in effect, an affirmance of the judgment, if the order of dismissal does not expressly provide that it is made without prejudice to the right of the appellant to take another appeal; and a second appeal from the same judgment will he dismissed.</p>