Borgmeyer v. Solomon
California Court of Appeal
MOTION to dismiss appeal and counter-motion for relief from default in the filing of brief. Motion to dismiss appeal denied; counter-motion granted. The facts are stated in the opinion of the court.
1Opinion of the Court
MYERS, J., pro tem.
This case comes up on respondent’s motion to dismiss the appeal for appellant’s failure to file brief in time, and appellant’s motion to be relieved from his default on the ground of inadvertence and excusable neglect, and for leave to file his brief tendered therewith.
The time for filing appellant’s brief, as extended pursuant to stipulation, expired October 22, 1918) Pour days thereafter, no brief having been filed, respondent served and filed notice of this motion to dismiss. Appellant’s counter-motion for relief is based on affidavits from which it appears that…
2Cases cited4 opinions
- Hamaker v. KeatingCalifornia Supreme Court · 1910
- Brooks v. Union Trust & Realty Co.California Supreme Court · 1905
- Wood v. MesmerCalifornia Court of Appeal · 1918
- Santa Paula Waterworks v. PeraltaCalifornia Supreme Court · 1895
3Cited by6 opinions
- Yolo Water & Power Co. v. EdmandsCalifornia Court of Appeal · 1920
- Fried v. GuibersonWyoming Supreme Court · 1921
- City of Los Angeles v. Board of SupervisorsCalifornia Court of Appeal · 1930
- People v. MahachCalifornia Court of Appeal · 1923
- Clinton v. ShawCalifornia Court of Appeal · 1943
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