From Casetext: Smarter Legal Research

Pitt v. Pensinger

Court of Appeal of California, Second District
May 10, 1918
37 Cal.App. 199 (Cal. Ct. App. 1918)

Opinion

Civ. No. 2267.

May 10, 1918.

APPEAL from a judgment of the Superior Court of Kern County. Milton T. Farmer, Judge.

The facts are stated in the opinion of the court.

E. J. Emmons, and H. E. Johnstone, for Appellant.

T. F. Allen, for Respondent.


The appeal in this case is taken from a judgment entered in favor of the plaintiff. The appellant in the preparation of his record on appeal has made use of what is known as the alternative method. However, in the preparation of the brief of appellant the provisions of section 953c of the Code of Civil Procedure have not been observed. By that statute it is required that the parties shall print in their briefs such portions of the record as they desire to call to the attention of the appellate court. Where they fail to do this it follows that the appellate tribunal will not look into the typewritten transcript to ascertain whether the points urged as ground for reversal are well made. The brief here presented on behalf of appellant does not contain sufficient of the record in printed form to enable us to say that there is any merit in the appeal. This same question has been considered in a number of cases which are cited in Barker Bros. v. Joos, 36 Cal.App. 311, [ 171 P. 1085]. For want of any showing of error, it follows that the judgment appealed from should be affirmed.

The judgment appealed from is affirmed.


Summaries of

Pitt v. Pensinger

Court of Appeal of California, Second District
May 10, 1918
37 Cal.App. 199 (Cal. Ct. App. 1918)
Case details for

Pitt v. Pensinger

Case Details

Full title:NELLIE PITT, Respondent, v. J. H. PENSINGER, Appellant

Court:Court of Appeal of California, Second District

Date published: May 10, 1918

Citations

37 Cal.App. 199 (Cal. Ct. App. 1918)
173 P. 598

Citing Cases

People v. Hartwell

This conversation, under the circumstances as detailed by the witness, amounted to a tacit admission on the…