Hellings v. Duval

Citations

• 119 Cal. 199
• 51 P. 335
• 1897 Cal. LEXIS 879

Syllabus

<p>Appeal — Informal Certificate to Transcript — Motion to Dismiss-Leave to Add Certificate.—An appeal will not be dismissed on account of an informal certificate to the transcript, where the appellant produces a proper certificate, and he will be allowed to add such certificate to the record.</p> <p>Id.—Omission of Rabts of Judgment Roll — Dismissal — Exceptions to Tbanscbipt.—The objection that some, portions of the judgment roll have been omitted from the transcript is not ground for the dismissal of an appeal, in the first instance; but the remedy of the respondent is to notify appellant of his exceptions to the transcript, at least five days before the hearing of the appeal, under rule XV of this court. The appellant will then have an opportunity to supply the papers, and, failing to do so, must take the sisk of having his appeal dismissed.</p>