SVISTUNOFF v. SVISTUNOFF (1952)

District Court of Appeal, First District, Division 1, California.

SVISTUNOFF v. SVISTUNOFF et ux.

Civ. 14830.

Decided: January 15, 1952

Phil F. Garvey, San Francisco, James A. Himmel, San Francisco, of counsel, for appellant. Frank J. Baumgarten, Alexander Riaboff, San Francisco, for respondent.

Appeal by plaintiff from an order dated September 7, 1950, setting aside a default and judgment.

As pointed out in our opinion this day filed in Svistunoff v. Svistunoff, Cal.App., 239 P.2d 650, this order is void on the face of the record and was properly vacated by the order of October 6th. Therefore, the appeal is moot, and is hereby dismissed.

BRAY, Justice.

PETERS, P. J., and FRED B. WOOD, J., concur.

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