McNew v. Mulcahy

The respondents moved, after the usual three briefs had all been filed, for an order affirming the judgment as provided for in section 3 of rule V of the rules governing this court. An examination of the opening brief and moving papers discloses that it will be necessary to go into the transcript. Under these circumstances this court has frequently held that such a motion should be denied. (See, Hall v. Wolford, 23 Cal. App. (2d) 498 [71 Pac. (2d) 596], and cases there cited.)

The respondent has further moved for an order placing this cause on the Ready for Submission list in the event the…