Peacock

Plaintiffs herein are husband and wife. They brought this action against several defendants to re cover damages alleged to have resulted from injuries sustained by the wife. The trial court granted motions for nonsuit made by defendants L. B. Archer and Joseph Alva. The jury rendered a verdict for $10,000 in favor of plaintiffs and against the remaining defendants, from which judgment said defendants appeal.

Before discussing the merits of this appeal respondents’ motion to dismiss the appeal should be considered. This motion was made upon two grounds. The first ground is that appellants’ opening brief did not comply with the requirements of section 953c of the Code of Civil Procedure. An examination of the brief convinces us that there has been a substantial compliance with the provisions of that section. The second ground is that appellants failed to comply with rule I, section 4, of the Rules of the Supreme Court and District Courts of Appeal in that appellants failed to serve a copy of the opening brief upon the attorney for each “respondent” who appeared separately in the lower court. Service was made upon the attorneys for respondents Sarah Peacock and Samuel Peacock, but…