Nunan v. Valentine
California Supreme Court
Motion by appellants to dismiss their appeal from a judgment of the Superior Court of the city and county of San Francisco. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
— In this case the appellants move to
dismiss their own appeal, upon the ground that the judgment appealed from has been satisfied.
The motion is opposed by parties who claim to have succeeded to the rights of the original plaintiff, and who ask to be substituted as respondents, upon the ground that the alleged satisfaction of the judgment was entered in fraud of their rights.
A number of affidavits have been filed relating to this controversy, but we do not think this the proper forum for its determination. A dismissal of the appeal will simply have the effect of affirming the judgment, and…
2Cited by18 opinions
- State ex rel. Stuewe v. HindsonMontana Supreme Court · 1912
- Hames v. City of PolsonMontana Supreme Court · 1950
- Franzke v. Fergus CountyMontana Supreme Court · 1926
- Stange v. EsvalMontana Supreme Court · 1923
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1908
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