Shockley v. Elmore
Shockley v. Elmore
Opinion of the Court
This is a motion to dismiss the appeal or affirm the judgment on the ground that “the appeal was taken for delay only or that the questions on which the decision of the cause depends are so unsubstantial as not to need further argument”. (See. 3, Rule V of the Rules for the Supreme Court and District Courts of Appeal.)
Since the adoption of this rule this court has regarded a motion such as this as something in the nature of a demurrer
Appellants’ opening brief contains twelve specifications of error which are earnestly urged as grounds for a reversal of the judgment. A study of the brief satisfies us that at least some of these specifications of error require detailed and careful consideration by this court. In doing this we should have the benefit of a brief from respondents to assist us in our labors.
Motion denied.
Barnard, P. J., and Jennings, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.