Welsh v. Allen
California Supreme Court
Motion to dismiss an appeal from an order substituting the respondent for the appellant, as plaintiff in an action, in the Fifteenth District Court, County of Contra Costa. Dwinelle, J. The facts are stated in the opinion.
1Opinion of the Court
Department No. 2, Sharpstein, J.:
The transcript on appeal consists of a notice of motion to have Isaac Levy substituted as plaintiff in the place of appellant Welch, copies of affidavits in support of and in opposition to said motion, the order granting the motion, notice of appeal from that order, undertaking, stipulation as to service of notice of appeal, filing of undertaking, and waiving the printing of *212complaint and answers in the transcript. A motion is made to dismiss the appeal, on the ground, among others, that as it does not appear that the order was made after judgment, no appeal…
2Cited by7 opinions
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- Sears v. DunbarOregon Supreme Court · 1907
- Busing v. PiersonCalifornia Court of Appeal · 1940
- Gilman v. BootzCalifornia Supreme Court · 1889
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