Barnes v. Cocke

THOMPSON (IRA F.), J.

This is a motion to dismiss the appeal on the ground that appellant’s opening brief is not in the form required by the rules of the Supreme Court and of the District Courts of Appeal.

A motion was formerly made on the same ground and this court, in disposing of it, ordered appellant’s opening brief stricken from the files and granted him leave to file another in lieu thereof (Barnes v. Cocke, 99 Cal. App. 700, 279 Pac. 190). Appellant filed his opening brief pursuant thereto, which is the subject of the attack on this second motion to dismiss.

Respondent, in his notice of…