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District Court of Appeal, Fourth District, California.


Civ. 2022.

Decided: May 12, 1937

Lewis R. Kirby and George A. Malette, both of San Diego, for appellants. Edward J. Kelly and Ben B. Rubin, both of San Diego, for respondent.

The respondent moved to dismiss the appeal herein on the ground that the appellants had failed to file their printed points and authorities within thirty days after the filing of the transcript, as required by rule I, section 4, of the Rules for the Supreme Court and District Courts of Appeal.

The transcript was filed on February 26, 1937. The motion to dismiss the appeal was filed on April 20, 1937. On May 8, 1937, the appellants filed their printed brief. Under the circumstances here appearing, the appeal should not be dismissed. North v. Evans, 114 Cal.App. 714, 300 P. 893; Toth v. Metropolitan Life Ins. Co., 113 Cal.App. 55, 297 P. 564; Tyner v. Axt, 111 Cal.App. 187, 295 P. 97; Fishman v. Silva, 108 Cal. App. 121, 291 P. 430; Righetti v. Monroe, Lyon & Miller, Inc., 106 Cal.App. 346, 289 P. 650.

The motion to dismiss the appeal is denied.

BARNARD, Presiding Justice.

We concur: MARKS, J.; JENNINGS, J.