Oldershaw

Appeal from an order denying defendants’ motion for a new trial.

By stipulation filed it was agreed by counsel for the respective parties “that no briefs need be printed in the cause, but that the same may be heard and submitted upon the printed briefs filed in the case of W. H. Esdohr, plaintiff and appellant, v. Annie Cox Oldershaw and C. D. Oldershaw, defendant and respondents, L. A. No. 2979, in the supreme court, . . . and that printed copies of the briefs in said last-mentioned cause may be filed in the above-entitled cause as the briefs of the respective parties.” Accordingly, no briefs other than copies of those filed in case No. 2979 in the supreme court have been filed herein. These briefs, however, were not prepared, with reference to the record in this case, and while numerous citations are made therein designating folios and pages of the transcript in the case of Esdohr v. Oldershaw, filed in the supreme court, no copy of that transcript has been filed herein or otherwise presented to this court. These briefs are of little value as an aid to the court in reaching a conclusion upon the questions presented, and our consideration of the appeal, in the absence of the…