Capurro v. Christensen

*251By the Court,

Ducker, J.:

This appeal is taken from a judgment and order denying a motion for a new trial, entered in an action which arose out of an assault alleged to have been made by appellant upon Adele Capurro, the wife of the other respondent. Damages were claimed in the sum of $15,000. The action was tried before the court without a jury, and damages awarded to the respondent in the sum of $1,500. A timely motion to dismiss the appeal was made by the respondents. The appeal and motion were submitted together. Briefly stated, the motion to dismiss is upon the grounds that the purported…