Jarvis v. O'Brien

This cause has been submitted for decision pursuant to notice given respondent under rule 17 (b) of the Rules on Appeal. The record consists of the clerk’s and the reporter’s transcript, the appellant’s opening brief—and nothing more. In such a case this court may assume the burden of reviewing the record for itself. If, in so reviewing the record, we find that there is sufficient competent evidence to support the judgment and that the procedural objections are insubstantial, it becomes our duty to affirm the judgment.

A brief statement of the facts will suffice. Plaintiff’s assignor, a…