Alamitos Land Co. v. Shell Oil Co.

Motion to dismiss appeal.

Respondent moves herein the dismissal of defendant’s appeal in so far as it applies to four separate provisions of the final judgment of the court in this cause. The motion is founded upon the well-recognized principle expressed by this court as follows: “The right to accept the fruits of a judgment and the right of appeal therefrom are not concurrent. On the contrary, they are totally inconsistent. An election to take one of these courses is, therefore, a renunciation of the other.” (Estate of Ayers, 175 Cal. 187, 190 [165 Pac. 528, 529].)

It seems that this motion is…