Opinion
Civ. No. 671.
December 27, 1909.
MOTION to dismiss an appeal from an order of the Superior Court of Alameda County denying a new trial. F. B. Ogden, Judge.
The facts pertaining to the motion are the same as are stated in the case numbered 672, supra.
G. R. Lukens, for Appellant.
Reed Nusbaumer, M. C. Chapman, A. A. Moore, and Stanley Moore, for Respondent.
For the reasons given in the opinion, in the above-entitled case, in number 672, ante, p. 299, [ 107 P. 332], this day decided, the motion to dismiss the appeal from the order denying defendant's motion for a new trial is granted.
Hart, J., and Burnett, J., concurred.