Pirrone

Motion to dismiss an appeal for failure of appellant to file points and authorities within the time provided by the rules of the court.

The transcript was filed in this court January 25, 1932. The time within which to file points and authorities was by stipulation extended from time to time until August 15, 1932. On November 26th, notice of motion to dismiss the pending appeal was served upon appellants, fixing December 27, 1932, as the time for the presentation of said motion. The hearing thereof was by the court continued to January 3, 1933. On December 31, 1932, appellant, without stipulation or order of court, and approximately four months after the expiration of the last stipulation entered into between counsel, filed his points and authorities. The rules prescribed by the Supreme Court and Judicial Council of the state of California for the government of this court provide: ‘ Within thirty days after the filing of the transcript, the appellant shall file with the clerk his printed points and authorities, with proof of the service of one copy thereof upon the attorney or attorneys of each respondent who shall have appeared separately in the superior court.” (Sec. 4 of Rule…