Graham

The plaintiff, hereinafter called the appellant, commenced an action against the defendant, hereinafter called the respondent, to recover a certain automobile, or its value, alleged to be seven hundred dollars. Judgment went in favor of the appellant in the sum of seven hundred dollars and interest at seven per cent from the date of his demand made on the respondent for possession. Because he was not awarded damages for detention, the appellant appealed under section 953a of the Code of Civil Procedure from -that part of the judgment that denied him such additional damages. Thereafter the respondent appeared in this court and moved to dismiss the appeal. In support of Ms motion the respondent showed this court that the judgment appealed from was1 entered April 14, 1920; that the appellant appealed April 15, 1920; that on September 13, 1920, the appellant took out a writ of execution, and on October 1, 1920, the appellant satisfied the judgment in the trial court.

The appeal from the judgment and the motion to dismiss have both been submitted and both are before us for our consideration.

In view of the conclusions which we have reached concerning the merits of the motion, it will…