Gustafson v. Wasson

HAVEN, J.

The defendant appeals, by the alternative method, from a judgment against him. In the appellant’s opening brief it is stated that in the action the plaintiff claimed an easement to the flow of rainwaters in a certain ditch on lands of the defendant and damages caused by the overflow from the ditch on the lower lands of the plaintiff. An extremely condensed summary of the claims oE the defendant is contained in the opening brief and a stipulation between the parties is set forth in full. This stipulation provided for the continuance of the trial; that, upon performance of the conditions and agreements of the stipulation by the defendant, the plaintiff by proper conveyance should release to the defendant the right to maintain the ditch mentioned in the amended complaint; that the defendant should pay plaintiff’s costs, including a surveyor’s charge; that the defendant should construct a new ditch and cause the easement in the same to be conveyed to the plaintiff, failing in which the defendant was to re

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construct, restore, and reconvey to the plaintiff the ditch mentioned in the amended complaint; that the plaintiff should release to the defendant all claims for possible damages; and, that if the defendant should fulfill the preceding terms of the stipulation, the action should be dismissed, otherwise that the plaintiff should not be bound by any of the stipulations, and might proceed to trial of the cause in the same manner as if the stipulation had never been made. Following the stipulation in the appellant’s opening brief are numerous statements of fact referring to pages of the reporter’s typewritten transcript. From the brief it appears there were supplemental pleadings of some sort, but from nothing contained in the brief can it be ascertained what the original, amended, or supplemental pleadings were. The statement is made that the court, without the introduction of any evidence and without any proceedings other than certain admissions of both parties in open court, proceeded to enter judgment. There is no statement in the brief concerning the admissions which were made, nor what the appellant’s claims are in regard to them. The opening brief wholly fails to meet the requirements of section 953e of the Code of Civil Procedure and rule VIII of the supreme court (176 Pac. ix). Because of the failure of the appellant’s opening brief to show those parts of the record upon which he relied, the argument presented in the brief is of academic interest only. The appellant failed to show error on the part of the trial court, without which showing the judgment must " necessarily he affirmed.