Burd v. Meader

While this appeal was taken from- the judgment and from, the order denying new trial, appellants have waived their appeal from the order so that the matters now before us relate merely to the appeal from the judgment. Respondent has made the unusual motion, for which we can find no precedent, for the striking out of the essential portion of appellants’ brief. The reason therefor is is that appellants’ claimed ground of relief is not within the issues raised by the pleadings and that there is nothing in the record upon which to. base it. The point sought to be made by appellants in the…