McIntosh v. Funge

Following the filing of the remittitur after affirmance of judgment on the merits in the above-entitled cause (McIntosh v. Funge, 210 Cal. 592 [292 Pac. 960, 74 A. L. R. 420]), two motions were presented in the trial court, one on behalf of certain plaintiffs for substitution of parties, which was granted; the other on behalf of the defendant W. W. Funge, Jr., now deceased, to tax costs on appeal, which resulted in an order being made taxing costs against said defendant in the sum of $100; and he appealed from the order made in each proceeding. Plaintiffs now move to dismiss the appeals and…