Schein v. Holbrook

Respondents have moved to dismiss the appeal by reason of appellants’ failure to comply with rules 4, 5, 6 and 7 of Rules on Appeal from Municipal Courts in Civil Cases. It appears from the affidavit in support of the motion, and from a certificate of the clerk of the trial court in the files, that none of the notices specified in rules 4, 5 and 7, and no statement under rule 6, has been filed in the trial court, although the time for filing each of them has long since expired. No showing in opposition or excuse was made and we must accept these facts as established. We also know from our own…