Field

The respondent has moved to dismiss the appeal in this, ease under the provisions of Rule V, subdivision 3, of the Rules for the Supreme Court and District Courts of Appeal, on the ground that the appeal is frivolous and was taken for the sole purpose of delay.

Wayne Smythe, the appellant, was a minor, twenty years of age. He owned an automobile which was insured by the Farmers Automobile Interinsurance Exchange, a corporation. On November 3, 1930, this machine was loaned to the co-defendant, Eugene P. Hughes. While Hughes was operating the car in Sacramento a collision occurred between this automobile and a machine which was being driven by the respondent, Ralph H. Field. Smythe was not then present. Field sustained personal injuries. Suit for damages was instituted against both Hughes and Smythe. No guardian was appointed to represent the minor in that suit. The attorneys for the insurance company appeared and an swered in his behalf. The cause was tried by the Superior Court of Sacramento County. A joint judgment for the sum of $3,100 was rendered against both defendants on August 17, 1931. The court found that the machine was being operated by the defendant Hughes at the time…