Hartke

This case is before us on motion of respondent to dismiss an appeal of appellant from a judgment in an action on a promissory note. After the demurrer of plaintiff to defendant’s answer was sustained without leave to amend, judgment was granted as prayed. The present motion to dismiss the appeal therefrom is based upon the pleadings, records, papers and files in the action, including the transcript on appeal, together with the respondent’s affidavit. The grounds relied upon for a dismissal are that the judgment has been completely settled and compromised; that all questions involved have become moot and abstract by reason of the payment of the amount claimed and the settlement of all issues, and that a decision in the cause would serve no useful purpose.

The salient facts may be gleaned from the affidavits of the respective parties. It appears that on December 8, 1925, respondent filed in the Superior Court of Los Angeles County an action against this appellant. He caused an attachment and garnishment to be issued and levied upon the Home Insurance Company of New York and upon the Springfield Fire & Marine Insurance Company attaching and garnishing moneys in their possession…