140 Cal. App. 46 | Cal. Ct. App. | 1934
Respondents are the mother and minor brother of I. Rubio, who was killed in a collision with a truck operated by appellants. After the time for filing their brief had expired the respondents filed a motion to dismiss and affirm under section 3 of Rule V, Rules for the Supreme Court and District Courts of Appeal. Accompanying their motion they filed a fifteen-page brief arguing the merits of the appeal. On the hearing of the motion they refused to submit the appeal on appellants’ opening brief and, after oral argument, filed a reply brief of ten pages. Appellants’ appeal rests on two general grounds—excessive damages and erroneous instructions—and to decide either point it is
The motion is denied.
Sturtevant, J., and Spence, J., concurred.