Oberkotter v. Spreckels

This is an appeal by plaintiff from a judgment in favor of defendants. The cause is now before us on a motion to dismiss the appeal.

The judgment was one dismissing the action for lack of prosecution, and in contending for a reversal appellant malíes the point that the judgment resulted from an abuse of the discretion reposed by law in the trial judge. The motion to dismiss the appeal is presented on the ground that the evidence upon which the cause was dismissed is not before us, and that, therefore, there is nothing upon which we may base a consideration of the question made by appellant.…