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Culver City Lime Co. v. Orlopp

Court of Appeal of California, Second District, Division Two
May 18, 1932
123 Cal.App. 519 (Cal. Ct. App. 1932)

Opinion

Docket No. 7077.

May 18, 1932.

APPEAL from a judgment of the Superior Court of Los Angeles County. William Frederickson, Judge. Appeal dismissed.

The facts are stated in the opinion of the court.

Minor Blythe for Appellants.

Charles A. Bank for Respondent.


Appellants' brief fails to comply with the provision of rule VIII of this court that "The briefs must present each point separately under an appropriate heading showing the nature of the question to be presented." The brief is wholly without any such heading. Furthermore, appellants, though listing one hundred and fifty alleged errors, in virtually every instance fail to indicate wherein the alleged error lies and content themselves with making the assertion that the same is reversible error, wholly overlooking the rule that prejudice will not be presumed and that the burden is upon appellants to show that if error exists it resulted in prejudice and caused a miscarriage of justice.

[1] While no grounds for a reversal of the judgment have been presented and the cause might be disposed of by affirming the judgment, the violation by appellants of the clear provisions of the rules of this court, in the face of the oft-repeated warnings that such violation is ground for the dismissal of the appeal, calls for such action, and it is ordered that the appeal be and it is hereby dismissed.

Works, P.J., and Thompson (Ira F.), J., concurred.


Summaries of

Culver City Lime Co. v. Orlopp

Court of Appeal of California, Second District, Division Two
May 18, 1932
123 Cal.App. 519 (Cal. Ct. App. 1932)
Case details for

Culver City Lime Co. v. Orlopp

Case Details

Full title:CULVER CITY LIME COMPANY (a Corporation), Respondent, v. DON C. ORLOPP et…

Court:Court of Appeal of California, Second District, Division Two

Date published: May 18, 1932

Citations

123 Cal.App. 519 (Cal. Ct. App. 1932)
11 P.2d 635

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