Wilkinson
Wilkinson v. Zumwalt
Opinion
Lead Opinion
Thompson, J.
This is a motion to dismiss an appeal for failure on the part of the appellant to state the points or print in his brief the evidence upon which he relies for a reversal.
Judgment was rendered in favor of the respondent for possession of certain reclamation district warrants, or upon failure to deliver the same, for their value, which was found to be the sum of $2,105.93. The appeal was perfected pursuant to section 953a of the Code of Civil Procedure. The reporter’s transcript of proceedings, properly certified by the trial judge, was duly filed, The judgment-roll was also certified and filed. The appellant’s printed brief was filed August 11, 1930. In what purports to be a summary of the evidence, this brief recites that plaintiff’s intestate owned 119 reclamation district warrants; that Charles K. Atran was acting as attorney for the estate of the deceased and procured an order of court to sell the warrants; that the attorney negotiated with the defendant to sell the warrants for an agreed price; that the defendant drew his check upon a Colusa bank for the purchase price in favor of the attorney and delivered to him the check; that the attorney had possession of the warrants,…