219 P. 461 | Cal. Ct. App. | 1923
Respondent has moved to dismiss the appeal upon the ground that appellant's opening brief had not been filed within the time prescribed. The notice of motion to dismiss was made and filed on the fourteenth day of July, 1923, and on the eleventh day of August, 1923, two days before the date set for hearing thereof, appellant filed his opening brief. The motion is covered by Coats v. Coats,
It is true that when such delays have occurred through inadvertence or excusable neglect such as would be the basis for a motion for relief under section
Appeal dismissed.
Langdon, P. J., and Sturtevant, J., concurred. *594