Barbour v. Flick

Citations

• 121 Cal. 425
• 53 P. 927
• 1898 Cal. LEXIS 925

Syllabus

<p>Appeal—Delay in Filin® Brief — Cross-Appeals — Dismissal.—Where cross-appeals have been taken, under a stipulation that they were both to be heard on the same transcript, which was prepared and filed by the defendant, who also filed his opening brief within thirty days thereafter, the appeal of the plaintiff will not be dismissed for his failure to likewise file his opening brief within that time, when it appears that his default was due to the mistaken belief that under the stipulation he was to print his opening brief on his appeal under the same cover with his answer to the defendant’s opening brief, and no delay in the hearing of the appeals has been or will be occasioned thereby.</p>