Cunningham v. Taylor

On August 12, 1948, respondents filed in this court a notice of motion to dismiss this appeal, same being supported by a certificate of the clerk of the trial court in accordance with rule 42(a) of the Rules on Appeal. Service of the notice was made upon appellant by the mailing to his attorney at Oakdale, California, on August 9, 1948, of a copy of said notice and supporting papers. Pursuant to said notice, hearing was had before this court on September 2, 1948. Appellant failed to appear or to file any opposition to the motion.

The clerk’s certificate shows the following facts:

At the…