ROSEMOND DE HART ET AL RESPONDENTS v. JOE ALLEN DEFENDANT ANNA ALLEN THIRD PARTY CLAIMANT AND APPELLANT (1942)

District Court of Appeal, First District, Division 2, California.

ROSEMOND T. DE HART ET AL., RESPONDENTS, v. JOE ALLEN, DEFENDANT; ANNA ALLEN, THIRD PARTY CLAIMANT AND APPELLANT.

Civ. 11473.

Decided: May 06, 1942

Ernest Spagnoli, of San Francisco (Walter F. Lynch, of San Francisco, of counsel), for appellant. Abraham Setzer and Carl E. Day, both of San Francisco, for respondents.

An order having been made November 1, 1941, in the above entitled cause granting respondents' motion to recall the remittitur upon the grounds that this court was without jurisdiction to entertain the proceedings, and the Supreme Court having determined the question of jurisdiction in Gore v. Bingaman, 20 Cal.2d 118, 124 P.2d 17, and re–transferred the cause to this court by its order dated April 23, 1942; and it now appearing that the order recalling said remittitur was inadvertently made: It is hereby ordered that said order be and the same is vacated and annulled, and that a new remittitur issue forthwith.

PER CURIAM.

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