BOYLE v. LAKEVIEW CREAMERY COMPANY (1937)

Supreme Court of California.

Hugh J. BOYLE and Palo Verde Creamery, Inc. (a Corporation), Plaintiffs and Respondent, v. LAKEVIEW CREAMERY COMPANY, (a Corporation) and Sylvan Y. Allen, as Trustee, Defendants and Appellants.*

L. A. 15888.

Decided: January 29, 1937

Sylvan Y. Allen and Max Mayer, both of Los Angeles, for appellants. Lewis D. Collings and Amos Friedman, both of Los Angeles, for respondents.

Several motions are before us in this case, which is pending on appeal, but has not yet been submitted for determination. The first is a motion by appellants for an order to show cause why the reporter's transcript on appeal should not be settled by this court. Two other motions are made by respondents, one to dismiss the appeal, and the other to strike the clerk's transcript and the reporter's transcript on appeal from the files.

All three motions are based upon issues which have this day been considered and decided in a proceeding in mandamus entitled Lakeview Creamery Company v. Superior Court (Cal.Sup.) 64 P.(2d) 941. As a result of such decision, none of the motions made herein should be granted.

Each of the said three motions is hereby denied.

PER CURIAM.

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