Gustin v. Jose

Respondents move to dismiss the appeal in the above entitled action, to affirm the judgment of the superior court, and to render judgment against appellants and their sureties on the appeal bond for the amount of said judgment appealed from, and for damages and costs, on the ground that the record on appeal has not been sent up, and, secondly, on the ground and for the reason that the said appeal has not been diligently prosecuted. Some affidavits have been filed by the appellants in opposition to this motion, and some counter affidavits by the respondents,but we will not enter into the…