Yee v. Okamoto

On February 12, 1960, defendants-appellees filed a motion to dismiss appeal. On the same day, at a later hour, plaintiffs-appellants filed a motion for extension of time to file their opening brief.

Appellants duly filed the record on appeal on Decern*120ber 18, 1959. Under Rule. 3(a) of this court, the opening brief was due on January 18, 1960, since January 17, 1960, fell on a Sunday.

Counsel for appellants, in his affidavit and oral presentation before the court, admitted that the opening brief was past due, but forthrightly offered as reason for the delay his misapprehension as to the time…