
    BRITE v. BRIGGS et al.
    L. A. No. 242;
    April 30, 1902.
    68 Pac. 973.
    Frivolous Appeal—Damages.—Where No Circumstances showing peculiar hardship appear, damages for a frivolous appeal will not be awarded on a dismissal thereof.
    APPEAL from Superior Court, Kern. County; J. W. Ma-hon, Judge.
    Action by C. R. Brite against John E. Briggs and another. From a judgment for plaintiff the defendants appeal. Appeal dismissed.
    T. M. McNaman for appellants; B. Brundge for respondent.
   PER CURIAM.

The appeal of the defendants herein is dismissed for failure to file transcript in time. Damages for a frivolous appeal are not awarded upon a dismissal, where no circumstances of peculiar hardship appear.  