California Court of Appeal August 28, 1925, Docket No. 5373. (Benson v. Olender)

CASHIN, J.

An appeal was taken according to the method prescribed by section 953a of the Code of Civil Procedure from a judgment in favor of respondent, who moved to dismiss on the ground that more than forty days had elapsed since the filing of the notice of appeal, and that the transcript on appeal had not, as provided by statute, been filed in this court.