Jameson v. Gavett

California Court of Appeal

Jameson v. Gavett

67 P.2d 1072, 21 Cal. App. 2d 10, 1937 Cal. App. LEXIS 211

CourtCalifornia Court of Appeal

DecidedMay 12, 1937

DocketCiv. No. 2022

StatusPublished

This text of 67 P.2d 1072 (Jameson v. Gavett) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jameson v. Gavett, 67 P.2d 1072, 21 Cal. App. 2d 10, 1937 Cal. App. LEXIS 211 (Cal. Ct. App. 1937).

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Opinion

BARNARD, P. J.

—The respondent moved to dismiss the appeal herein on the ground that the appellants had failed to file their printed points and authorities within thirty days after the filing of the transcript, as required by rule I, section 4, of the Rules for the Supreme Court and District Courts of Appeal.

The transcript was filed on February 26, 1937. The motion to dismiss the appeal was filed on April 20, 1937. On May 8, 1937, the appellants filed their printed brief. Under the circumstances here appearing the appeal should not be dismissed. (North v. Evans, 114 Cal. App. 714 [300 Pac. 893] ; Toth v. Metropolitan Life Ins. Co., 113 Cal. App. 55 [297 Pac. 564] ; Tyner v. Axt, 111 Cal. App. 187 [295 Pac. 97] ; Fishman v. Silva, 108 Cal. App. 121 [291 Pac. 430]; Righetti v. Monroe, Lyon & Miller, Inc., 106 Cal. App. 346 [289 Pac. 650].)

The motion to dismiss the appeal is denied.

Marks, J., and Jennings, J., concurred.

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BARNARD, P. J.

—The respondent moved to dismiss the appeal herein on the ground that the appellants had failed to file their printed points and authorities within thirty days after the filing of the transcript, as required by rule I, section 4, of the Rules for the Supreme Court and District Courts of Appeal.

The transcript was filed on February 26, 1937. The motion to dismiss the appeal was filed on April 20, 1937. On May 8, 1937, the appellants filed their printed brief. Under the circumstances here appearing the appeal should not be dismissed. (North v. Evans, 114 Cal. App. 714 [300 Pac. 893] ; Toth v. Metropolitan Life Ins. Co., 113 Cal. App. 55 [297 Pac. 564] ; Tyner v. Axt, 111 Cal. App. 187 [295 Pac. 97] ; Fishman v. Silva, 108 Cal. App. 121 [291 Pac. 430]; Righetti v. Monroe, Lyon & Miller, Inc., 106 Cal. App. 346 [289 Pac. 650].)

The motion to dismiss the appeal is denied.

Marks, J., and Jennings, J., concurred.

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Bluebook (online)

67 P.2d 1072, 21 Cal. App. 2d 10, 1937 Cal. App. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jameson-v-gavett-calctapp-1937.

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