McClintock v. Robinson

Full title: EARL McCLINTOCK, Respondent, v. LOUIS ROBINSON, Appellant

Court: Court of Appeal of California, Fourth District

Date published: Jul 16, 1936

15 Cal.App.2d 511 (Cal. Ct. App. 1936)

59 P.2d 636

Opinion

Docket No. 1638.

July 16, 1936.

MOTION to dismiss an appeal from a judgment of the Superior Court of Orange County. H.G. Ames, Judge. Motion denied.

The facts are stated in the opinion of the court.

Forgy, Reinhaus Forgy for Appellant.

L.E. Dadmun for Respondent.

TURRENTINE, J., pro tem.

[1] Respondent filed his motion to dismiss the appeal on the ground that the appellant had not filed his opening brief within the time provided by law. Subsequent to the filing of the motion, but before the hearing thereof, appellant had served and filed his opening brief.

On the authority of Graybiel v. Consolidated Associations, Ltd., 14 Cal.App. (2d) 547 [ 58 P.2d 665], the motion is denied.

Barnard, P.J., and Marks, J., concurred.