Best

Best v. Martin

Good Law
124 Cal. App. 245·1932 Cal. App. LEXIS 792·12 P.2d 80
Court of Appeal of CaliforniaJune 10, 1932Docket No. 7167.California569 words

Opinion

Lead Opinion

Fricke, J.

Appellant’s opening brief wholly fails to comply with that portion of rule VIII of the Supreme Court and District Courts of Appeal, which requires that “the briefs must present each point separately, under an appropriate heading, showing the nature of the question to be presented”. This court has repeatedly called attention to the provisions of this rule and the penalties involved for its violation. (See Barnes v. Cocke, 99 Cal. App. 700 [ 279 Pac. 190 ], wherein appellant’s brief was stricken from the files; Withers v. Southern Pac. Co., 101 Cal. App. 373 [ 281 Pac. 518 ], wherein the judgment was affirmed because of appellant’s failure to comply with the rule; People v. Yaroslawsky, 110 Cal. App. 175 [ 293 Pac. 815 ], wherein the court calls attention to the propriety of dismissing an appeal for the same violation of the rule as is presented in the case at bar; Hawkins v. Doolittle, 113 Cal. App. 619 [ 298 Pac. 862 ], Haverty Co. v. Pacific Indemnity Co., (Cal. App.) 67 Cal. App. Dec. 268 [ 4 Pac. (2d) 214 ], and Culver City Lime Co. v. Orlopp, 123 Cal. App. 519 [ 11 Pac. (2d) 635 ], wherein the appeals were dismissed for the same cause, and Burns v. Renaker Co., 116 Cal. App.…

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