Breitengross v. Theodore Krumm, Inc.

This is a motion to dismiss this appeal or affirm the judgment on the grounds (1) that defendant failed to file its brief within the time allowed by law, and (2) that the grounds upon which the decision of the cause depends are so unsubstantial as not to need further argument.

The motion to dismiss was noticed for the calendar called on September 12, 1939. Defendant’s opening brief was filed on September 11, 1939, and was on file at the time the motion to dismiss was made in open court. This has been held sufficient reason for the denial of a motion made on the first ground. (Lisle v. Ragle,…