Steiner v. Davis

—Respondent’s notice of motion to dismiss the appeal in this action was filed on May 17, 1937. It was therein stated that the basis for the motion was that appellant had failed to file a record on appeal within the time required by the rules of this court. The motion was noticed for hearing on June 8, 1937. Prior to this date the clerk’s transcript and appellant’s opening brief were filed with this court. It appears from respondent’s notice of motion that the judgment from which the appeal has been taken was rendered after a demurrer to appellant’s third and supplemental complaint had been…