Filmer

Filmer v. Davis

Good Law
1928 Cal. App. LEXIS 1007·91 Cal. App. 195·266 P. 985
Court of Appeal of CaliforniaApril 23, 1928Docket No. 6296.California1,718 words

Opinion

Lead Opinion

Respondent made a motion herein to affirm the judgment appealed from upon the ground that appellant has failed to comply with the requirements of Code of Civil Procedure, section 953c, by failing to print in his brief or in a supplement thereto “such portions of the record as they desire (he desires) to call to the attention of the court.” Pearson v. Parsons, 173 Cal. 331 [ 159 Pac. 1171 ]; Estate of Berry, 195 Cal. 354 [ 233 Pac. 330 ]; Jeffords v. Young, 197 Cal. 224 [ 239 Pac. 1054 ], and other cases are cited and relied on by respondent. In the last-cited case the supreme court’s opinion contains the following :

In Dahlberg v. Dahlberg, 202 Cal. 295 [ 260 Pac. 290 ], a motion to affirm for failure to comply with section 953c of the Code of Civil Procedure, was granted.

While the precise wording of the section requires the appellant to print such parts of the record as he desires to call attention to, the decisions above referred to, as well as the very nature of the matter, require that appellant print enough of the record to enable the appellate court to determine the merits of the appeal without examination of the typewritten transcript except perhaps in case of a dispute…

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