gno.law

Robinson v. El Centro Grain Co.

California Court of Appeal · Docket No. 960. · 1932-08-19 · Published · 13 P.2d 965 · 125 Cal. App. 416 · 1932 Cal. App. LEXIS 706

J. B. ROBINSON, Appellant, v. EL CENTRO GRAIN COMPANY Et Al., Respondents

Area
civil
Panel
Marks (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Marks

MARKS, Acting P. J.

This is a motion to dismiss the appeal because the appellant’s opening brief was not filed in time. The record shows that appellant was given to and including July 20, 1932, in which to file his brief r that on the morning of July 21st counsel for appellant applied to this court for a further extension of six days, which was not granted because the notice of motion to dismiss had been filed earlier that morning. The motion to dismiss was noticed for Tuesday, August 9, 1932, at 10 o’clock A. M., at which time appellant filed affidavits setting forth a reasonable excuse for his delay. Appellant’s *417 opening brief was delivered to the clerk of this court for filing on July 25, 1932.

Upon the authority of the cases of Righetti v. Monroe, Lyon & Miller, 106 Cal. App. 346 [289 Pac. 650], Fishman v. Silva, 108 Cal. App. 121 [291 Pac. 430], Tyner v. Axt, 111 Cal. App. 187 [295 Pac. 97], Toth v. Metropolitan Life Ins. Co., 113 Cal. App. 55 [297 Pac. 564], North v. Evans, 114 Cal. App. 714 [300 Pac. 893], and Snodgrass v. Hand, ante, p. 265 [13 Pac. (2d) 769], the motion to dismiss is denied.

Jennings, J., and Morton, J., pro tern., concurred.

Cites, in this corpus

Cited by