H. & J. Mabury Co. v. Bryant

THE COURT.

Judgment was entered for the plaintiff in this action to quiet title. The defendants noticed an appeal therefrom and from an order denying a motion to vacate the judgment made under section 473 of the Code of Civil Procedure. Plaintiff has moved to dismiss both appeals.

The motion must be denied in so far as it is directed to the appeal from the judgment. That appeal was timely noticed and there has been filed herein a duly certified clerk’s transcript of the judgment roll. The fact that other improperly included matters appear therein does not destroy it as a clerk’s transcript of…