Rask

This was an action for the recovery of the possession of a certain patrol boat then in the possession of the defendant. The action was filed by Heskett, Weinberger & Miller, attorneys, purportedly on behalf of the United States of Mexico, a sovereign nation, as plaintiff. Delivery of the patrol boat was claimed and upon the giving of an undertaking in the usual form, executed by Independent Indemnity Company, a corporation, the boat was taken by the sheriff of San Diego County and delivered to the plaintiff. After a trial, judgment was ordered in favor of the defendant for the return of the boat, or if the same could not be had, for the sum of $12,961.61 (the value thereof), plus $463.62 as damages for its taking, and costs of suit. Motion for a new trial was denied on June 23, 1930, and on July 2, 1930, notice of appeal was filed, signed by Frank H. Heskett, one of the attorneys representing the plaintiff at the trial.

Notice of a motion to dismiss this appeal was filed by the respondent upon the grounds that the notice of appeal was filed without the consent, authority, direction or approval of the plaintiff, and that no appeal was in fact taken within the time allowed by law.…