Kelly v. Liddicoat

This is a motion, presented under the authority of section 3 oí rule V of the Rules for the Supreme Court and District Courts of Appeal, to .dismiss the appeal or affirm the judgment on the grounds that the appeal was taken for delay only and that the questions upon which the *76decision of the case rests are so unsubstantial as not to need further argument.

It has been repeatedly held, however, that such a motion should not be granted where it appears, after an examination of the opening brief and the papers filed in support of the motion, that the appeal cannot be decided without examining the…