Edmands

Motion to dismiss an appeal. The action was brought by plaintiff, a Public Service Corporation, against the defendants to condemn certain real property situate in Lake County, California. After trial by jury a judgment was rendered on the twenty-second day of October, 1917, condemning the lands asked for by the plaintiff and fixing the defendants’ damages in the gross sum of one hundred and five thousand six hundred dollars. Thereafter, on the twenty-second day of October, 1917, the plaintiff filed its notice of appeal from said judgment. The transcript on appeal was filed in this court on the fourteenth day of May, 1918. On the sixth day of September, 1919, no brief having been filed on behalf of the plaintiff and appellant, the respondents filed in this court a notice of motion to dismiss said appeal on the ground that plaintiff and appellant had failed to file any points and authorities on appeal in said action within the time required by law, the rules of the supreme court and the district court of appeal of the state of .California.

The motion was based upon a formal notice, the records and files in said cause on file in this court, and a certificate of the clerk of the…