Ertman v. Blumenthal

CONLAN, J. pro tem.

This matter is a motion to dismiss the appeal of the plaintiff from an order of the municipal court granting a new trial.

It was noticed for hearing before this appellate department of the superior court on August 17th, 1945, and is made upon two grounds, viz;—

1. That appellant has been guilty of gross laches in the prosecution of the appeal; and

2. That appellant by his laches and conduct has abandoned the appeal.

The record shows that the judgment was entered in favor of the plaintiff on August 19th, 1943, for $1,500 damages and $176.45 costs and that on August 26th, 1943,…