California Supreme Court, 1892

In re Sweet's Estate

In re Sweet's Estate
California Supreme Court · Decided March 17, 1892
3 Cal. Unrep. 485; 29 P. 249; 1892 Cal. LEXIS 1023

In re Sweet's Estate

Opinion of the Court

PER CURIAM.

This is a motion to dismiss an appeal from a decree of distribution, upon the ground that the transcript has not been filed within the time prescribed by the rules of this court. A motion to dismiss an appeal upon this ground must be based upon a certificate of the clerk of the trial court, certifying the facts required by rule 4 of this court.1 The certificate relied upon in this ease does not meet the requirements of the rule. Let the motion to dismiss the appeal be denied without prejudice.

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