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SMITH et al. v. ROTHSCHILD.
The plaintiffs have moved to dismiss or affirm under the rule upon the grounds that the appeal is frivolous and presents grounds so unsubstantial as not to require further argument. The motion was accompanied by a typewritten brief fully arguing the merits of the appeal. When this motion is made for the purpose of advancing the hearing of an appeal on the merits, or to avoid preparation of a brief under the rules, it should be denied. The motion in this case is of that character.
Motion denied.
NOURSE, Presiding Justice.
We concur: STURTEVANT, J.; SPENCE, J.
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Docket No: Civ. 9427.
Decided: July 19, 1934
Court: District Court of Appeal, First District, Division 2, California.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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