In Re Proceeding to Validate Sutter-Butte By-Pass Assessment Number Six

This is a motion to dismiss an appeal taken to this court from a judgment in “a judicial proceeding” (Stats. 1919, p. 1093, sec. 4.) brought and heard in the superior court in and for the county of Sutter, three judges sitting, upon the ground that the judgment is final and not appealable, either to this court or to a district court of appeal. If the judgment is an appealable one and the appeal lies in the first instance to a district court of appeal, the appeal may be transferred by this court to the proper district court of appeal as provided in article VI, section 4, of the constitution…