Hart v. Kimberly

Citations

• 5 Cal. Unrep. 532
• 46 P. 618

Syllabus

<p>Appeal — Failure to File Transcript — Inexcusable Neglect.—> Subsequently to the taking of the appeal, one of the appellants/ being ill, requested her attorney to desist from further proceedings, but, after receiving notice of a motion to dismiss the appeal for failure to file the transcript within the required time, said appellant directed the attorney to proceed with the cause. No action was taken toward the preparation of a transcript prior to appellant’s first direction to her attorney, nor after the order to proceed with the appeal. Held, that the appeal would be dismissed.</p>