Johnston, Baker & Palmer v. Record MacHine & Tool Co.

This is an appeal by defendant Carl Francis Baker from a judgment, “in particular” from the portion thereof which provides that his “cross-complaints and/or counterclaims . . . are dismissed with prejudice.” In addition, in his notice of appeal it is stated that he appeals from the minute order of the court denying his motion by which he sought to set aside the judgment. The position of the respondents is that the judgment was proper in that it con formed to a stipulation stated in open court in which the appellant joined.

The action was brought by Claude F. Baker and Oran W. Palmer as the…