Warfield v. Thelen

J. — This matter is before us on the motion of Les Warfield, plaintiff below, respondent in this court, to dismiss the appeal of Albert M. Thelen and wife, defendants below, appellants here.

Respondent based his motion upon three grounds, but confined his oral argument to the following grounds: (1) That appellants failed to file with the clerk of the superior court, within five days after the service of a notice of appeal on the attorney for respondent, the original or a copy of such notice of appeal, with proof of the written admission of service thereof; (2) that appellants failed to file an…