Kenney
Kenney v. Parks
Opinion
Lead Opinion
Harrison, J.
Motion to dismiss the appeal. Judgment was rendered herein May 26, 1896, in favor of the plaintiff, correcting and reforming a deed of conveyance to her of certain property, and declaring its effect, and also declaring her to be the owner of certain lands and entitled to recover the possession thereof from the defendants, and giving her also a money judgment against two of the defendants. ■ The action was brought against thirty defendants, of whom thirteen appeared and answered the complaint, and the other seventeen made no appearance, and the judgment was rendered against them upon their default. The notice of appeal was given April 22, 1897, and is signed by the attorneys of the defendants who'had answered, and, although it purports to be an appeal by “the defendants,” there is a stipulation in the record that the appeal is taken on behalf only of the defendants who have appeared in the action, and not on behalf of the defaulting defendants. (See also, Spanagel v. Dellinger, 42 Cal. 148 .) The respondent now moves to dismiss the appeal upon the ground that after the entry of the judgment, and prior to taking the appeal, the judgment was satisfied; and in support thereof presents…