From Casetext: Smarter Legal Research

Posella v. Posella

Court of Appeal of California, Second District, Division One
Feb 3, 1954
123 Cal.App.2d 30 (Cal. Ct. App. 1954)

Opinion

Docket No. 19565.

February 3, 1954.

MOTION to vacate and set aside stay order. Motion granted.

Julia Blanche Posella, in pro. per., for Appellant.

Zagon, Aaron Sandler and Raymond C. Sandler for Respondent.


December 8, 1953, this court made its order staying execution and enforcement of the superior court judgment in this case. This was done upon the representation of the defendant that she had been denied due process of law and that she was perfecting proceedings for review of the case by certiorari by the Supreme Court of the United States.

This case was decided in this court September 29, 1953 ( 120 Cal.App.2d 456 [ 261 P.2d 37]), remittitur issued November 30, 1953.

Plaintiff now moves to vacate and set aside the order.

The motion was submitted so that we might go over the record, in view of defendant's assertion of denial of due process.

[1] From a review of the record it appears that all of the proceedings were regular and that there is no good ground for recalling the remittitur or continuing the stay of execution ( In re McGee, 37 Cal.2d 6 [ 229 P.2d 780]).

The motion is granted. The order is vacated and set aside.

White, P.J., and Doran, J., concurred.


Summaries of

Posella v. Posella

Court of Appeal of California, Second District, Division One
Feb 3, 1954
123 Cal.App.2d 30 (Cal. Ct. App. 1954)
Case details for

Posella v. Posella

Case Details

Full title:LEONARD POSELLA, Respondent, v. JULIA BLANCHE POSELLA, Appellant

Court:Court of Appeal of California, Second District, Division One

Date published: Feb 3, 1954

Citations

123 Cal.App.2d 30 (Cal. Ct. App. 1954)
265 P.2d 967