CHILDRESS v. PETERSON

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District Court of Appeal, Fourth District, California.

CHILDRESS et al. v. PETERSON et al.

Civ. 2715

Decided: September 12, 1940

Dayton L. Ault, City Atty., and Morey S. Levenson and J.H. McKinney, Deputy City Attys., all of San Diego, for appellants. Thomas Whelan and Vincent Whelan, both of San Diego, for respondents.

This is a motion to dismiss this appeal because appellants' opening brief was not filed within the time provided by section 4 of rule I of the Rules for the Supreme Court and District Courts of Appeal.

Our record shows that the clerk's and reporter's transcripts were filed on June 22, 1940. On August 19, 1940, respondents filed their notice of motion to dismiss the appeal. Appellants' opening brief was filed on the same day. This has been held a sufficient answer to the motion to dismiss. Toth v. Metropolitan Life Ins. Co., 113 Cal.App. 55, 297 P. 564; North v. Evans, 114 Cal.App. 714, 300 P. 893; Lisle v. Ragle, 10 Cal.App.2d 758, 52 P.2d 608; Hall v. Wolford, 22 Cal.App.2d 537, 71 P.2d 596.

The motion is denied.

MARKS, Acting Presiding Justice.

I concur: GRIFFIN, J.