DocketNumber: Civ. No. 1969.
Citation Numbers: 157 P. 528, 30 Cal. App. 85
Judges: SHAW, J. —
Filed Date: 3/7/1916
Status: Precedential
Modified Date: 1/12/2023
This is a motion to dismiss an appeal from a purported judgment rendered in a proceeding instituted in the superior court for a writ of review directed to respondents. The ground for the motion is that no judgment was rendered from which an appeal would lie.
It appears from the judgment-roll that the writ was issued on May 12, 1915, and that pursuant thereto the respondent certified and transmitted a transcript of the record and proceedings in a certain action wherein Thomas B. Henley was plaintiff and petitioner herein was defendant; that thereafter, on May 21, 1915, a demurrer was filed to the petition, also a motion to quash the writ of review, which demurrer was overruled and the motion to quash denied. On the same date, as appeared from the minutes of the court, it was ordered that "petition for writ of review herein is denied." The appeal, as stated in the notice of motion, is "from the order of the above-entitled court denying plaintiff's petition for a writ of review, made by said court on June 21, 1915." Section
The appeal is dismissed.
Conrey, P. J., and James, J., concurred.