Pinnebad v. Pinnebad

1. Unless there' is an order of the court relieving the movant in a motion for a new trial of the necessity of filing a brief of the evidence in accordance with the terms of the Civil Code, §5484, whenever the time fixed by the provisions of that section for the filing of the brief of evidence has expired the motion for a new trial is ripa for dismissal at any time that the judge has jurisdiction to entertain a motion to that effect. Leave to prepare and file a brief of the evidence on or before the hearing in vacation must be unequivocally granted; else the movant can not justify the…