Pomper

There are three appeals pending herein, numbered, respectively, as above indicated. Civil No. 3720, L. A. No. 9382, is an appeal from an interlocutory judgment in favor of plaintiff. Civil No. 3721, L. A. No. 9383, is an appeal from a judgment denying the motion of defendants to retax costs. Civil No. 3722, L. A. No. 9999, is an appeal from a final judgment made and entered in favor of plaintiff against certain defendants and from an order denying defendants’ motion for another and different judgment. By stipulation of respective counsel, and by order of the supreme court, the three appeals have been consolidated, together with the respective records thereof, which are here on bills of exceptions, and are to be considered and determined as upon the last-named appeal.

This is a suit to quiet title. Its history shows that it was commenced on September 29, 1920, by one Bmelia Pomper to quiet her title to a certain piece of real property described in the pleadings and judgment herein as residence property on Flower Street in the city of Los Angeles, California. The defendant in the action was one Behnke. On motion for new trial, same was granted, which resulted in a judgment in favor…