Gullick

The respondents have made a motion to dismiss the appeal herein on the ground that the judgment appealed from is a nullity and on the further ground that a reversal of the judgment would be an idle act and not affect the force or finality of a judgment of nonsuit. The pertinent facts are as follows: At the close of plaintiff’s case and on October 15, 1928, the defendants and respondents made a motion for a nonsuit, which the court granted. On October 19th the court signed a judgment which, after reciting the proceedings and that the court had after due consideration granted a motion for a nonsuit, awarded to the defendants their costs. On the authority of Burks v. Bronson, 58 Cal. App. 143 [ 207 Pac. 1018 ], it is said by respondents that the order grant ing the motion is final and that the judgment subsequently signed is of no force or effect. It is to be observed that the notice of appeal refers only to the judgment signed October 19, 1928, and entered and docketed on October 22, 1928. One further condition of the record must be set down. The judgment described in the notice of appeal is the only order or judgment appearing in the judgment-roll contained in the clerk’s…