Summary
In Alvarado et al. v. Stanton et al., 1928, 204 Cal. 172, 173, 267 P. 313, plaintiffs maintain that the motions to vacate the judgment extended the time for appeal. The court held (page 314 of 267 P.): "That is not the law.
Summary of this case from Mahan v. SparksOpinion
Docket No. L.A. 9787.
May 14, 1928.
APPEALS from orders of the Superior Court of Los Angeles County vacating judgments and entering new judgments. Hugh J. Crawford, Judge. Appeals dismissed.
The facts are stated in the opinion of the court.
Stick, Moerdyke Gibson, for Appellants.
A.W. Sorenson and Kemper Campbell for Respondents.
[1] Respondents have made two motions to dismiss appeals. The appellants, as plaintiffs in the court below, instituted two actions against respondents, as defendants, one in ejectment (No. 182,980), the other to quiet title (No. 191,794). Judgment in each case was entered for the defendants. Motions for new trial were denied, but on motion of the plaintiffs the trial court vacated and set aside the judgments and entered new judgments in their stead. Plaintiffs appealed from each of the new judgments, but subsequently the orders vacating the original judgments, and the substituted judgments entered thereon, were annulled by this court on certiorari. ( Stanton v. Superior Court, 202 Cal. 478 [ 261 P. 1001].) The remittitur was filed in the court below January 28, 1928.
Any question raised by the appeals having become moot, the appeals are, and each is, dismissed.
Richards, J., Shenk, J., Langdon, J., Preston, J., and Curtis, J., concurred.