Gates

In this action to recover a sum claimed as due under a contract, the cause came on for trial on June 24, 1932, and resulted in findings regularly made by the court, and judgment for the plaintiff. The defendant appeals from the judgment. On this appeal, as shown by the brief of appellant, the only assignment of error is that on said twenty-fourth day of June the court erred “in refusing to continue the trial of the action when said court denied the application of counsel for appellant to present a motion for said continuance”; for which reason it is contended the court erred in rendering the judgment from which the appeal is taken.

Pursuant to notice given, respondent on November 28, 1932, presented to this court his motion to dismiss the appeal or affirm the judgment upon the ground that the appeal was taken for delay only, and that the questions upon which the decision of the cause depends are so unsubstantial as not to need further argument; and upon other grounds which we need not discuss. The motion having been submitted, appellant thereafter, in accordance with notice given, presented her motion to resubmit said motion of respondent, and in that connection that the court…