Woodbury

Motions for substitution of attorneys, and to dismiss the appeal. The appellant herein suffered judgment to be taken against it in the superior court by default, and after its entry took an appeal therefrom—the notice of appeal being signed by A. B. Hotchkiss as its attorney. After the transcript had been filed, a motion made in this court by Mr. M. W. Conklin that he be substituted as attorney of record in the place of Mr. Hotchkiss was denied. (Woodbury v. Southern etc. Ry. Co., 115 Cal. 85 .) Thereafter, April 16, 1897, an order was made by the superior court from which the appeal was taken, substituting Mr. Conklin as attorney in the cause in the place of Mr. Hotchkiss, and, a certified copy of this order having been filed herein, Mr. Conklin now asks an order substituting him as the attorney of record upon this appeal in place of Mr. Hotchkiss. As the appeal taken by Mr. Hotchkiss from this order has been dismissed, the motion must be granted.

A motion to dismiss the appeal herein, made by Mr. Dillon, attorney for the respondent, was submitted with the original motion of Mr. Conklin for a substitution of attorneys, and was denied. Subsequently, an order dismissing the appeal…