FOSTER v. CAREY (1939)

District Court of Appeal, Fourth District, California.

FOSTER v. CAREY et al.

Civ. 2347

Decided: June 27, 1939

Hugh S. MacKinnon, of Calexico, for appellant. Hickox & Provence and Harry W. Horton, all of El Centro, W.I. Wilson and Arthur E. Skeats, in pro. per., Samuel T. Bush, of San Francisco, and Ticknor & Maxwell, of Pasadena, for respondents.

This is a motion to dismiss this appeal from a judgment of the superior court of Imperial county.

Nothing has been filed here except the papers on this motion, which include a certificate of the county clerk of Imperial county which shows that judgment was rendered for defendant on August 25, 1938; that notice of appeal was filed on November 4, 1938; that no clerk's nor reporter's transcripts nor bill of exceptions were ever prepared; that on April 28, 1939, the superior court of Imperial county terminated all proceedings for the preparation of a record on appeal.

The appeal is dismissed.

MARKS, Justice.

I concur: BARNARD, P.J.

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