Stout

By decision filed February 6, 1930 ( 103 Cal. App. 741 [ 285 Pac. 336 , 286 Pac. 471 ]), the appeal in this case was dismissed, on the authority of another decision of same date in Berg v. Traeger, (Cal. App.) 285 Pac. 332 . The ground of decision was that this court did not have jurisdiction of the appeal. ( 210 Cal. 323 [ 292 Pac. 415 ].)

In Berg v. Traeger a hearing before the Supreme Court was granted, and that court sustained the right of appeal, and decided that case on the merits of the appeal.

In this case of Stout v. Farwell there was no application for a hearing in the Supreme Court. The judgment of this court became final, and in due course, on April 7, 1930, the remittitur was sent down to the superior court.

Thereafter, on October 3, 1930, appellant filed his notice of motion for an order canceling, as void, the order of dismissal, and that the records of the action be returned to this court, and that the cause be restored to the calendar of this court for determination on the merits.

In accordance with said notice, the motion was presented to the court on the twenty-seventh day of October, 1930. As this was more than six months after the time of the order of…