W. J. Somers Co. v. Smith
California Court of Appeal
MOTIONS to dismiss an appeal from a judgment of the Superior Court of the City and County of San Francisco. E. P. Mogan, Judge, and an appeal from an order denying a motion to set aside an order refusing to settle the record on appeal. Denied. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
The respondent moved to dismiss the appeal from a judgment entered against the appellant and also to dismiss a second appeal from an order denying the appellant’s motion for an order to set aside a prior order by which settlement of the appellant’s proposed transcript of the record on the appeal from the judgment was denied.
[1] Logically the second motion should be first determined. Voluminous affidavits have been filed in connection with the motion to dismiss the second appeal, upon which the respondent, in effect, seeks to have determined on this motion the merits of the appeal…
2Cases cited9 opinions
- Stonesifer v. KilburnCalifornia Supreme Court · 1892
- Banta v. SillerCalifornia Supreme Court · 1898
- Harper v. HildrethCalifornia Supreme Court · 1893
- Mitchell v. Cal. & Or. Coast S.S. Co.California Supreme Court · 1909
- Murphy v. StellingCalifornia Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Aker v. AkerIdaho Supreme Court · 1932
- Hixson v. HixsonCalifornia Court of Appeal · 1956
- Lande v. Southern California Freight LinesCalifornia Court of Appeal · 1947
- Struck v. Superior CourtCalifornia Court of Appeal · 1934
- Howland v. HowlandCalifornia Supreme Court · 1938