Security First National Bank v. Board of Supervisors

This is a motion to dismiss the appeal on the ground that the appellants failed to comply with certain portions of rule VIII of the Rules of this court, adopted by the Judicial Council of the State of California on the sixth day of May, 1932, and which took effect on the first day of July, 1932.-

In its notice of motion to dismiss the appeal respondent has not sufficiently designated the portions of rule VIII which it claims have been violated by the appellants, but from a memorandum of points and authorities attached to its notice of motion it appears that it relies upon certain portions of sections 2 and 3 of said rule. Specifically, it contends that appellants have failed to i observe that portion of section 2 of rule VIII which reads as follows: “A statement of the question involved on an appeal in a 'civil action shall be set forth on the first page of the appellant's opening brief, and without any other matter appearing thereon.” The purported statement in appellants’ brief which appears on the first page thereof is as follows: ‘1 This is an appeal from a judgment rendered in favor of the petitioner and against the defendants and intervener, in the Superior Court of the…