Gill

Gill v. Johnson

Good Law
110 Cal. App. 442·1930 Cal. App. LEXIS 47·294 P. 405
Court of Appeal of CaliforniaDecember 15, 1930Docket No. 468.California669 words

Opinion

lead Opinion

Barnard, J.

This is a motion to dismiss an appeal and affirm a judgment, based upon the contention that the appellant has not printed in his opening brief, or any supplement thereto, as required by section 953c of the Code of Civil Procedure, such portions of the record as are necessary for a determination of the appeal, and that the appellant has not stated in his opening brief, as required by rule VIII of the rules applying to the Supreme and Appellate courts, the substance of the record and the pleadings to the extent required by said rule, and necessary to a proper understanding of the points raised.

Under section 953c of the Code of Civil Procedure and the above-mentioned rule VIII,' as now existing, it is sufficient to set forth in the brief the substance of the record, parenthetically referring to the line' and page of the typewritten transcript for verification. The nature of the action and substance of the pleadings may be stated in general terms, and only such portion of the pleadings need be printed in the brief, as may be necessary to an understanding of the points raised. (Montanez v. Beard, 207 Cal. 379 [ 278 Pac. 858 ]; Irer v. Gawn, 99 Cal. App. 17 [ 277 Pac. 1053 ] ; Pacific…

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