California Court of Appeal January 5, 1940, Civ. No. 6362 (Marshall v. Baldy)

TUTTLE, J.

Respondent moves to dismiss this appeal upon the ground that appellant has failed to file a transcript or to perfect the appeal.

The status of the matter is revealed by the following excerpt from a certificate filed by the clerk of the lower court, and made pursuant to rule VI of the Supreme Court:

“Notice of appeal from said judgment was filed in said Superior Court by the plaintiffs