Adams

The defendant appealed from the judgment entered against him in this action. The clerk’s and reporter’s transcripts and the appellant’s opening brief have been filed. Proceeding under Rule V, section 3, respondent moves for dismissal of the appeal or affirmance of the judgment. Rule VIII, section 3, of the rules of this court provides: “Where the parts of the typewritten record relied upon on appeal are required to be printed in the briefs (Code Civ. Proc., secs. 953a et seq.), it shall be sufficient to state herein the substance of such record, parenthetically referring to the line and page of the typewritten transcript for verification, . . . The pleadings need not be printed in such briefs, but the nature of the action and the substance of the pleadings must be stated in general terms. ...”

In passing upon a similar motion in Birkland v. Ratterree Land Co., 125 Cal. App. 747 [ 14 Pac. (2d) 133 ], this court said: “There is not in the brief any statement of the plead ings whereby the issues presented to the trial court by those pleadings can be defined or understood. . . . But in the absence of any statement of the contents of the pleadings, or of the substance thereof, the…