Luftenburg v. Luftenburg

THE COURT.

This is an action for partition of real property, the defendant having filed a cross-complaint seeking to quiet her title in and to all of the property. A judgment in favor of the plaintiff was entered on April 7, 1942. The defendant moved to vacate and set aside the judgment, which motion was denied on August 23, 1942. On August 26, 1942, the defendant appealed from the order denying this motion. A clerk’s transcript was filed on September 25, 1942, and the appellant’s opening brief was filed on October 26, 1942. Thereafter, the respondent gave notice of motion to dismiss the…