Somers Co. v. Smith
California Court of Appeal
APPEAL from an order of the Superior Court of the City and County of San Francisco denying a motion to vacate a prior order denying a motion to have certified a transcript on appeal. E. P. Mogan, Judge. Affirmed. The facts are stated in the opinion of the court.
1Opinion of the CourtBrittain, J.
The defendant appeals from an order denying his motion, made under the provisions of section 473 of the Code of Civil Procedure, to vacate a prior order denying a motion to have certified a transcript for use on appeal from a judgment dated May 15, 1917.
The appellant, as trustee for the creditors of the lessee of property of the plaintiff corporation, was sued for rent of the premises during his occupancy after the original lessee had made to him a general assignment for the benefit of creditors. The judgment was for $970.85 and costs. Motion for new trial being denied, on August 21, 1917,…
2Cases cited3 opinions
- Murphy v. StellingCalifornia Supreme Court · 1903
- Miller v. American Central InsuranceCalifornia Court of Appeal · 1905
- Phillips v. MiresCalifornia Court of Appeal · 1905
3Cited by1 opinion
- DeMello v. DeMelloCalifornia Court of Appeal · 1954