Miller v. Oliver

SHAW, J.

The plaintiff and his wife, who was made a party to the action by the defendants’ cross-complaint, appeal from the judgment.

[405]

The transcript of the record presented in support of the appeal was prepared in typewriting as provided in sections 953a, 953b, and 953c of the Code of Civil Procedure. Section 953e provides that “In filing briefs on said appeal the parties must, however, print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to call to the attention of the court.” The appellants did not print in their opening brief any portion of the record. The respondents, in their brief, call attention to this omission and object to our consideration of any part of the record except the judgment-roll printed in said brief. In their reply brief the appellants ignore this objection and again fail to print any part of the record.

In the face of this contumacy, the court would be justified in affirming the judgment without further consideration.

We have, however, examined the judgment-roll and we find therein no good cause for the appeal. The complaint alleges that the plaintiff owns a farm of 629.19 acres; that he is the son of the defendant Harriet A. Oliver, and has always reposed special confidence and trust in her and has always been guided, influenced, and controlled by her; that he was “a young man of inexperience”; that on June 21, 1907, he, his mother, then Harriet A. Madigan, and the defendant J. E. Oliver formed a corporation with the corporate name of “Miller Farm Company,” and filed its articles of incorporation in the county clerk’s office; that on June 22, 1907, said articles were filed in the office of the Secretary of State; that on June 21, 1907, his mother persuaded him to execute a deed purporting to convey said farm to Miller Farm Company; that it was made without consideration and upon the promise of the other defendants that the farm would be re-conveyed to plaintiff upon his demand; that said corporation at that time did not exist. He asks that he be adjudged to be the owner of the farm and that said deed be canceled and the farm reeonveyed to him.

The findings are that plaintiff is not, and has not been since said deed was executed, the owner of the farm; that he was not at that time “a young man of inexperience”; that he did not then repose special trust and confidence in his mother; that she did not then guide, influence, or control him, or persuade him to execute said deed; that it was not made without consideration, nor upon any promise to recon