Pohle

Plaintiff brought this action for damages on account of personal injuries sustained in an automobile accident, naming as defendants Bolinas Beach Realty Company, a corporation, Day’s U-Drive Autos, Ltd., a corporation, Edward J. Goldstein, and several fictitious parties. At the time the action was tried Goldstein’s time for answering the complaint had not expired, and consequently as to him the cause was not at issue. The jury returned two verdicts, one against Bolinas Beach Realty Company for the sum of $17,500, and the other in favor of the defendant Day’s U-Drive Autos, Ltd. Judgment was entered accordingly. Eight days thereafter Goldstein filed his answer, and approximately a month later the trial court granted plaintiff’s motion for a new trial as against the defendant Day’s U-Drive Autos, Ltd. The latter appealed from the order made in that behalf, and soon after its opening brief was filed plaintiff moved to dismiss the appeal or affirm the judgment upon the following grounds: (1) That the appeal was taken for the sole purpose of delay; (2) that none of the evidence is contained in the transcript on appeal; and (3) that appellant’s brief does not conform to the requirements…