Welch v. Kenney

Citations

• 47 Cal. 414

Syllabus

<p>Dismissal of Appeal,—If the appellant has failed to file the transcript on appeal xvithin the time required by Bule 2, and notice of a motion to dismiss the appeal is served on him, the subsequent filing of the transcript will not, of itself, cure the default so as to defeat the motion to dismiss.</p> <p>Idem.—If there are circumstances which excuse the failure to file the transcript, they must be shown by affidavit at the time the motion to dismiss is made, and cannot be heard after the motion to dismiss has been granted, on a motion to set aside the order dismissing the appeal.</p>