Burr

is a motion under Rule V, section 3, to dismiss appeal or affirm judgment. The record upon appeal consists of a typewritten clerk’s transcript and typewritten reporter’s transcript. The appeal is from a judgment rendered upon verdict of a jury in favor of the plaintiff. There is not contained in the brief or in any supplement thereto any statement of “the nature of the action and the substance of the pleadings” as required by Rule VIII, sections 3 and 4, of the rules of this court. By inference from the evidence quoted in the brief we might assume that the action was brought to recover damages for personal injuries suffered by the plaintiff, and resulting from negligence of the defendant in driving an automobile at a time when the plaintiff was riding therein as a guest of the defendant. In this connection it further would be necessary to assume that the injury to the guest was an injury “proximately resulting from the intoxication, wilful misconduct, or gross negligence” of the defendant. (California Vehicle Act, sec. 141%.)

In the brief of appellants there is a statement of facts, including extensive quotations from the evidence. This is followed by a statement of the sole…