Stafford v. Russell

220 F.2d 853 Guy N. STAFFORD, Appellant, v. G. M. RUSSELL, J. R. Vaughan, Mary Pratt Sanders, John B. Madsen, Anna B. Madsen, William Van Beek, Catherine V. Van Beek, N. Louise Kimball, Bessie S. Weber, Lulu M. Reddish, Beatrice Carr Achstetter and Walter S. Binns, Appellees. No. 14396. United States Court of Appeals Ninth Circuit. March 30, 1955. Guy N. Stafford, in pro. per. Vaughan, Brandlin & Wehrle, Warren J. Lane, Thomas G. Baggot, J. R. Vaughn, Los Angeles, Cal., for appellees. Before STEPHENS and FEE, Circuit Judges, and WIIG, District Judge. STEPHENS, Circuit Judge. 1 A case was pending in the United States District Court and upon motion of the plaintiff Stafford, appellant here, the case was dismissed on August 21, 1953. On March 26, 1954, appellant filed a motion to vacate and set aside the order of dismissal, and on April 15, 1954, the court entered an order denying the motion. 2 On May 14, 1954, appellant filed a notice of appeal from the order dismissing the case, and also from the order denying his motion to vacate and set aside the dismissal. 3 It is apparent that the appeal from the order of April 15, 1954, denying the motion to vacate, was timely; but it so…