Shank

Shank v. Blackburn

Good Law
1923 Cal. App. LEXIS 625·61 Cal. App. 577·215 P. 559
Court of Appeal of CaliforniaApril 6, 1923Civ. No. 4118.California1,441 words

Opinion

Lead Opinion

Finlayson, J.

This is a motion to dismiss the appeals of the defendants O. V. Blackburn and Predericka Blackburn, who have appealed from the original judgment, entered May 10, 1920, and likewise from what purports to be an amended judgment, entered August 24, 1922. Their appeals were taken September 15, 1922.

The action is one of claim and delivery in which several persons besides O. V. Blackburn and Predericka Blackburn were made parties defendant. On May 10, 1920, a judgment was entered against all of the defendants, the lower court adjudging that the plaintiff “recover of the defendants and each, of them” the possession of the personal prop erty sought to be replevied, and in case a delivery cannot be had that he “recover of said defendants and each of them” the sum of $1,499, the value of the property. The defendants P. C. Blackburn, Howard A. Kline (sued as John Doe), and Bertha B. Kline (sued as Jane Doe) took an appeal from that judgment within sixty days from its entry. Neither of the two defendants whose appeals respondent is now moving to dismiss joined in that appeal. The appeal so taken by P. C. Blackburn and the Klines was heard by division one of the district court of appeal for…

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