Dolley

This case was before the court on appeal from the judgment and was decided in April, 1924. (Dolley v. Ragon, 66 Cal. App. 707 [ 228 Pac. 52 ].) Signal Hill Oil & Gas Co., a corporation, was one of the appellants in the case. Now come E. D. Higginbotham and W. E. Pettit, claiming to be stockholders in said corporation, and severally present their motions to have the appeal set down for hearing. The theory of the moving parties appears to be that the former proceedings whereby the appeal was heard and determined in this court were void, and that the appeal is still pending. The motions are based upon the fact that Mr. Justice Curtis, deeming himself disqualified, did not act in the rendition of the opinion and judgment of the court. The minutes of the court show that at the call of the calendar on March 24, 1924, the cause was submitted for decision. At that session of the court the three justices thereof were present. On April 24, 1924, the judgment was affirmed, the opinion being written by Mr. Justice Houser and concurred in by the presiding justice. A memorandum was attached thereto, stating that Mr. Justice Curtis, deeming himself disqualified, did not participate in the…