Gullick

This appeal purports to be one from a judgment of nonsuit. Whether it is will" depend upon the conclusion reached upon the contention of the respondents that the appeal should be dismissed. Heretofore a motion was made by them for a dismissal of the appeal and was by this court denied. (Gullick v. Interstate Drilling Co., 100 Cal. App. 243 [ 279 Pac. 828 ].) Since that time they have made a motion for diminution of the record which was granted, and the record is now supplemented by a copy of the minutes of the court for October 15, 1928, the material part of which reads as follows: “Motion of all defendants, by attorney Isaac Pacht for nonsuit is by the Court granted.” It is to be noted that the judgment was signed four days later, or on October 19th. The notice of appeal which refers only to the judgment of October 19th was filed November 7, 1928, well within the time even though it started to run on October 15th. In view of the fact that the appeal was well within the sixty-day period and also that the respondents could not possibly have had any doubt concerning the intention of the appellant to have reviewed the action of the court in granting a nonsuit, the dismissal of the…