Jackson v. Puget Sound Lumber Co.

Citations

• 115 Cal. 632
• 47 P. 603
• 1897 Cal. LEXIS 487

Syllabus

<p>Appeal—Dismissal—Failure to File Transcript—Uncertified Bill of Exceptions—Premature Filing of Engrossed Bill.—A motion to dismiss an appeal for failur'e of the appellant to file the . transcript within forty days after the appeal was perfected will be denied, where it appears that there is an uncertified bill of exceptions, which the judge declined to sign and certify at the request of the appellant on the sole ground that the engrossed bill had been filed in the clerk’s office, and that he had no authority to certify it.</p> <p>Id.—Jurisdiction to Certify Bill—Disregard of Premature Filing —Refiling.—The premature filing of an engrossed bill of exceptions, whether made by inadvertence of the judge or of a referee, or of the party seeking the allowance, does not deprive the judge of jurisdiction to sign and certify the bill; but the premature and unauthorized filing should be disregarded, and, if a timely request is made for the certificate of allowance, it should be granted, and the bill refiled.</p>