Holtberg v. Bommersbach

Matson, Justice.

The plaintiff in each of two separate actions, consolidated for trial, has appealed from an order granting defendants’ motion to set aside and quash the service of the summons and complaint. We now have a motion by plaintiffs to have the hearing of the appeals advanced on the calendar. We also have a motion by defendants to strike from plaintiffs’ brief three affidavits which were never presented to or considered by the trial court and which were in fact obtained subsequent to the taking of the appeal herein. In the alternative, defendants have also moved for a dismissal of…