Tobin

Respondent has moved to dismiss the pending appeal in this case on the ground that appellant has wilfully and unlawfully ignored process of the court below and has prevented enforcement of the judgment from which he seeks relief by this appeal.

Pursuant to a complaint for severe personal injuries sustained as the result of a beating allegedly inflicted upon him by Alfonso de Casaus and Victor de Casaus (sued as Alfonso Casaus and Victor Casaus), the respondent on November 3, 1953, received a jury verdict in the sum of $187,500. A motion for new trial was granted to Victor de Casaus, but denied to Alfonso. The latter filed notice of appeal, but pending perfection of the appeal no stay of execution was sought or granted. Pursuant to petition of respondent, a receiver was appointed to take over certain assets of Alfonso, and in connection with further efforts to satisfy the judgment, respondent sought a supplemental examination of Alfonso. The latter failed to appear in court on January 11, 1954; a bench warrant was issued for his arrest, with bail fixed at $500, and the matter was continued to January 25, 1954. Appellant’s then attorney of record, Carl Petterly, was present at this…