Gullick v. Interstate Drilling Co.

THOMPSON (IRA F.), J.

This appeal purports to be one from a judgment of nonsuit. Whether it is will" depend upon the conclusion reached upon the contention of the respondents that the appeal should be dismissed. Heretofore a motion was made by them for a dismissal of the appeal and was by this court denied. (Gullick v. Interstate Drilling Co., 100 Cal. App. 243 [279 Pac. 828].) Since that time they have made a motion for diminution of the record which was granted, and the record is now supplemented by a copy of the minutes of the court for October 15, 1928, the material part of which reads as…