Alves

Alves v. Alves

Good Law
1921 Cal. App. LEXIS 516·54 Cal. App. 563·202 P. 157
Court of Appeal of CaliforniaOctober 15, 1921Civ. No. 3555.California433 words

Opinion

Lead Opinion

Works, J.

This action represents a controversy' between plaintiffs and defendant Manuel Alves, Soila Alves Carcarbur having been made a defendant because she refused to join as a plaintiff. Plaintiffs’ pleading sought to enforce a trust against certain property held by defendant Alves and he filed a cross-complaint demanding that his title to the property be quieted. Defendant Alves had judgment under both his answer and his cross-complaint, and plaintiffs appeal.

In their opening brief appellants quote portions of the evidence and claim that it establishes certain ultimate facts, but they make no assertion that any of the findings is not supported by the evidence. They cite authorities to a few abstract propositions of law in another part of the brief, but make no contention that the points decided by the cases they submit have any bearing upon errors of law committed by the trial court, nor do they direct our attention to any such errors. In short, the opening brief of appellants is utterly pointless. Respondent Alves, after taking exception in his brief to the barren effort of appellants, is forbearing enough to assume that they intend to assail certain findings, and he points to parts…

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