Knabel

In this action to compel foreclosure of a deed of trust given to secure a $2,000 promissory note, W. C. Dalzell appeared as a defendant, as cross-complainant, and also as counsel for himself and defendant Mary Louise Baker. Upon trial of the cause the court entered judgment in favor of plaintiff. W. C. Dalzell filed notice of appeal on behalf of himself and Mary Louise Baker. Thereafter Mary Louise Baker substituted A. Benjamin as her attorney in the place and stead of W. C. Dalzell, who was no longer practicing law before the bar of this state, and upon the stipulation of Mary Louise Baker and her new counsel, the court dismissed her appeal. This left only the appeal of W. C. Dalzell. Plaintiff now moves to dismiss that appeal or to affirm the judgment.

*259 The appeal does not present any substantial question. Appellant, by his cross-complaint, asserted an interest in the note and trust deed, claiming that they had been pledged to him by cross-defendants Floyd and Josephine G. Baker to secure payment of his reasonable fee for defending their son Robert Baker, husband of Mary Louise, in a pending criminal action; and that $1,000, the reasonable value of his services in said…