Sonoma Magnesite Co. v. National Magnesite Products Corp.

California Supreme Court

Sonoma Magnesite Co. v. National Magnesite Products Corp.

208 P. 962, 189 Cal. 433, 1922 Cal. LEXIS 347

CourtCalifornia Supreme Court

DecidedAugust 15, 1922

DocketS. F. No. 10261.

StatusPublished

Cited by10 cases

This text of 208 P. 962 (Sonoma Magnesite Co. v. National Magnesite Products Corp.) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sonoma Magnesite Co. v. National Magnesite Products Corp., 208 P. 962, 189 Cal. 433, 1922 Cal. LEXIS 347 (Cal. 1922).

Pincite

Opinion

SHAW, C. J.

Defendant moves this court to dismiss this appeal on the ground that the judgment was entered by consent of the parties, that the sale was made by the consent of the parties, and upon the further ground that the agreement of January 17, 1922, between Chloupek, as at *434 torney for plaintiff, and the National Magnesite Products Corporation, estops plaintiff from appealing from the judgment herein.

Since notice of the motion. was filed, the appellant and the respondent have each filed additional papers and, among other things, the transcript on appeal has been filed, wherefrom it clearly appears that the plaintiff has no cause of appeal whatever, that it has appealed from the judgment upon the judgment-roll alone and that the judgment is in full accord with the findings. Wherefore no cause whatever appears whereby said appeal can be sustained. It is considered that the appeal should be dismissed without regard to the sufficiency of the causes set forth in the motion.

Let the dismissal be made without costs to either party.

Waste, J., Sloane, J., and Lennon, J., concurred.

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SHAW, C. J.

Defendant moves this court to dismiss this appeal on the ground that the judgment was entered by consent of the parties, that the sale was made by the consent of the parties, and upon the further ground that the agreement of January 17, 1922, between Chloupek, as at *434 torney for plaintiff, and the National Magnesite Products Corporation, estops plaintiff from appealing from the judgment herein.

Since notice of the motion. was filed, the appellant and the respondent have each filed additional papers and, among other things, the transcript on appeal has been filed, wherefrom it clearly appears that the plaintiff has no cause of appeal whatever, that it has appealed from the judgment upon the judgment-roll alone and that the judgment is in full accord with the findings. Wherefore no cause whatever appears whereby said appeal can be sustained. It is considered that the appeal should be dismissed without regard to the sufficiency of the causes set forth in the motion.

Let the dismissal be made without costs to either party.

Waste, J., Sloane, J., and Lennon, J., concurred.

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Bluebook (online)

208 P. 962, 189 Cal. 433, 1922 Cal. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sonoma-magnesite-co-v-national-magnesite-products-corp-cal-1922.

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