Silvershield

The appeal, upon the alternative procedure, is from a judgment upon a private contract for street work in the city of Santa Rosa. In the opening brief there is no appendix, and the only pretense of setting out any part of the record, if indeed it is a part of the record, is a mutilated excerpt from a part of the private contract. There is a statement that one of the principal points upon which the appellants rely is the construction of the contract. The respondent’s brief consists of a single paragraph asking that the judgment be affirmed for the reason that the appellants have not printed in their brief the portion of the record required for the information of the court, citing Code of Civil Procedure, section 953c, and Miller v. Oliver, 174 Cal. 404 , [ 163 Pac. 357 ], and stating that the appeal appears to have been taken solely for delay.

In the closing brief is a statement that counsel for the appellants have been assured several times by courts of appeal when presenting cases that they always make a practice of going fully into the transcript, and, further, in order that there might be no dereliction, in the closing brief they set forth certain matter, which may or may not…