Hadley

On motions to dismiss appeals.

Counsel have informed us that these motions and records are identical in their terms so far as the motions are concerned. Therefore we shall state the first case only (No. 1031), and allow the decision of the other cases to follow the decision in the stated case.

The notice of motion to dismiss announces respondent’s intention to move for a dismissal of “the appeal of the plaintiff from an order made and entered by the superior court of the county of Imperial” in said action; and states that the motion will be made on a certified copy of the record and the order from which the appeal is taken.

Respondent also filed a written motion which by its terms and its statement of the grounds of motion shows that it is directed solely to an appeal attempted to be taken from an order sustaining the demurrer of defendant to the second amended information filed in said action for the purpose of prosecuting the defendant for the commission of an alleged misdemeanor.

The said certified copy of the record as filed by respondent for use on his motion to dismiss the appeal shows by the court’s minutes that said demurrer was sustained and that at the time of…