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Hadacheck v. Superior Court

Supreme Court of California
Feb 6, 1924
193 Cal. 183 (Cal. 1924)

Opinion

S. F. No. 10968.

February 6, 1924.

APPLICATION for a Writ of Mandate to require settlement of a transcript under section 953a of the Code of Civil Procedure. Writ granted.

The facts are stated in the opinion of the court.

James W. Bell for Petitioner.

Fred W. Morrison for Respondent.


This is a petition for a writ of mandate to compel the settlement of a transcript under section 953a of the Code of Civil Procedure.

The failure of respondent to certify the transcript in this case is based upon the proposition that the notice to prepare a record under the provisions of section 953a of the Code of Civil Procedure was given after judgment and before the decision of the trial court upon the motion for a new trial. The statute in that regard provides that the "said notice must be filed within ten days after notice of entry of the judgment, order or decree, or if the proceedings on motion for a new trial be pending within ten days after notice of decision denying said motion, or of other termination thereof." [1] We think the proper interpretation of the section permits the filing of the notice at any time after notice of the entry of the judgment, and before the expiration of ten days "after notice of decision" on motion for a new trial. The notice was given during that period and was sufficient. The respondent should have certified to the transcript.

Let a peremptory writ issue.


Summaries of

Hadacheck v. Superior Court

Supreme Court of California
Feb 6, 1924
193 Cal. 183 (Cal. 1924)
Case details for

Hadacheck v. Superior Court

Case Details

Full title:AMOS F. HADACHECK, Petitioner, v. THE SUPERIOR COURT, etc., Respondent

Court:Supreme Court of California

Date published: Feb 6, 1924

Citations

193 Cal. 183 (Cal. 1924)
223 P. 71

Citing Cases

Bell v. Brigance

The notice filed on November 9th was given during that period, and was sufficient. ( Hadacheck v. Superior…