Steiner v. Davis

—The respondent herein has moved to dismiss the appeal on the ground-that no record on appeal has been filed within the time required by the rules of this court.

Notice of the motion for dismissal was filed in this court on May 17, 1937, and was noticed for hearing on June 8, 1937. On May 19, 1937, the clerk’s transcript on appeal was filed here and on June 7, 1937, appellant’s opening brief was filed. In respondent’s notice of the motion for dismissal of the appeal it is stated that the action wherein this appeal is pending was decided on a demurrer interposed by respondent to appellant’s…