Davis

This is a motion to set aside an order of submission for the purpose of consolidating this appeal with that of another case which was subsequently tried between the same parties, and which was appealed to and is now pending in the District Court of Appeal of the Second District.

In January, 1930, judgment in this case for $16,295 was rendered in favor of plaintiff by the Superior Court of Los Angeles County in a suit to recover royalties pursuant to a contract for the manufacture and use of a patented bedstead. The appellant’s opening brief was not filed until January, 1931. The record on appeal contains 2,000 pages of evidence. The cause was finally argued and submitted to this court for decision on May 10, 1933. On June 22, 1933, the appellant filed his notice of motion to set aside the order of submission in this case on the ground that another case between the same parties was subsequently decided by the Superior Court of Los Angeles County, and thereafter appealed to the District Court of Appeal of the Second District, in which last-mentioned ease .findings were adopted which are alleged to be in irreconcilable conflict with the findings of this case. It is urged that this…