Southern Counties Thrift Co. v. Rairdon

California Court of Appeal

Southern Counties Thrift Co. v. Rairdon

110 P.2d 679, 43 Cal. App. 2d 149

CourtCalifornia Court of Appeal

DecidedFebruary 18, 1941

DocketCiv. No. 2911

StatusPublished

Cited by3 cases

This text of 110 P.2d 679 (Southern Counties Thrift Co. v. Rairdon) 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.

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Southern Counties Thrift Co. v. Rairdon, 110 P.2d 679, 43 Cal. App. 2d 149 (Cal. Ct. App. 1941).

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Opinion

GRIFFIN, J.

This is an appeal from a judgment against appellant Southern Counties Thrift Co., a corporation, and in favor of respondent C. W. Rairdon. Respondent Rairdon, on January 10, 1941, filed a motion to dismiss the appeal under rule I, section 4, of the Rules for the Supreme Court and District Courts of Appeal, for the reason that appellant failed to file its opening brief within the time prescribed in said rule. The motion was duly set down for hearing for February 13, 1941. On February 10, 1941, appellant filed its opening brief. Where the brief is filed before the motion comes on for hearing appellant has sufficiently complied with the rule to justify a denial of the motion. (Hall v. Wolford, 22 Cal. App. (2d) 537 [71 Pac. (2d) 596]; Graybiel v. Consolidated Associations, Ltd., 14 Cal. App. (2d) 547 [58 Pac. (2d) 665].)

The motion to dismiss the appeal is denied.

Barnard, P. J., concurred.

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GRIFFIN, J.

This is an appeal from a judgment against appellant Southern Counties Thrift Co., a corporation, and in favor of respondent C. W. Rairdon. Respondent Rairdon, on January 10, 1941, filed a motion to dismiss the appeal under rule I, section 4, of the Rules for the Supreme Court and District Courts of Appeal, for the reason that appellant failed to file its opening brief within the time prescribed in said rule. The motion was duly set down for hearing for February 13, 1941. On February 10, 1941, appellant filed its opening brief. Where the brief is filed before the motion comes on for hearing appellant has sufficiently complied with the rule to justify a denial of the motion. (Hall v. Wolford, 22 Cal. App. (2d) 537 [71 Pac. (2d) 596]; Graybiel v. Consolidated Associations, Ltd., 14 Cal. App. (2d) 547 [58 Pac. (2d) 665].)

The motion to dismiss the appeal is denied.

Barnard, P. J., concurred.

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110 P.2d 679, 43 Cal. App. 2d 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-counties-thrift-co-v-rairdon-calctapp-1941.

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