Schlimper

Motion to dismiss an appeal on the ground that appellant’s brief was not filed “within the time prescribed by law.”

The record shows that the clerk’s transcript and the reporter’s transcript of the proceedings in the lower court were each filed with the clerk of this court on June 27, 1928, and that the notice of motion to dismiss the appeal was served on appellant and filed in the office of the clerk of this court on September 14, 1928, at which latter date no brief on behalf of appellant had been filed in the office of said clerk.

Section 4 of rule I of the supreme court and of the district court of appeal provides in effect that “within thirty days after the filing of the transcript, the appellant shall file with the clerk his printed points and authorities. . . . ” And by section 1 of rule Y it is provided that: “If the transcript of the record or appellant’s points and authorities be not filed within the time prescribed, the appeal may be dismissed, upon notice given, either on motion of the respondent or of the court in which the appeal is pending. If the transcript, or the points and authorities, though not filed within the time prescribed, be on file at the time such…