Shanfeld

Plaintiff, David Shanfeld, brought suit against the defendants, Guy H. Munson and Anna Munson, husband and wife, for damages as a result of personal injuries sustained by him on February 18, 1930, in a collision between an automobile truck driven by plaintiff and an automobile driven by the defendant Anna Mun-son. In said collision said Anna Munson also sustained personal injuries, on account of which she and her husband brought a separate action against the plaintiff herein for damages. The cases were consolidated and tried together before the court and a jury. The verdict was in favor of the defendants in the present action and in favor of plaintiff herein as defendant in the other case. Judgment was entered accordingly. From the judgment entered herein plaintiff has appealed.

The transcript on appeal was filed on May 4, 1931. Respondents gave appellant written notice on July 21, 1932, that they would move the court on August 9, 1932, to dismiss the appeal on the ground that appellant’s points and authorities had not been filed within the time allowed by the rules of court. Rule I, section 4, of this court required the appellant to file points and authorities on or before June…