Lapique v. Walsh

A motion was made by the respondent to dismiss the appeal in this action on the ground that the appellant’s opening brief had not been filed in time. The appellant made a counter-motion to submit the ease upon his opening brief on the ground that the respondent had not filed a reply in time. The former motion was denied and the latter granted for the reason that we felt that the whole case had been decided by this court in its order denying a rehearing from a decision of the district court of appeal (Lapique v. Plummer, 50 Cal. App. 88 [195 Pac. 293]; Lapique v. Walsh, 50 Cal. App. 82 [195…