Altpeter

This is a motion to dismiss the appeal taken by the defendant from an order refusing to grant a motion to vacate the judgment.

The action was by the plaintiffs for damages for the alleged destruction by the defendant of four walnut trees standing and growing immediately in front of the former’s premises on Court Street, in the city of Woodland. The jury, by whom the cause was tried, returned a verdict in favor of the plaintiffs in the sum of five hundred dollars, and the court, acting upon the authority of section 3346 of the Civil Code and section 733 óf the Code of Civil Procedure, entered judgment for the plaintiffs on said verdict for treble the amount assessed by the jury.

It is important in this proceeding, as will presently be perceived, to know that said judgment was entered on the eleventh day of November, 1912, and that it contains, among others, the following recitals: “This action came on regularly for trial on the 24th day of September, A. D. 1912. The parties appeared by their attorneys, E. E. Gaddis, Esq., counsel for plaintiffs, and L. T. Hatfield, Esq., for defendant. A jury of twelve persons was regularly impaneled, and sworn to try said action. Witnesses on…