California Supreme Court July 5, 1890, No. 12242 (Ipswitch v. Fernandez)

McFarland, J.

Appeal by plaintiff from the judgment in favor of defendant, and from an order denying a new trial.

It is unnecessary to determine the motions made to dismiss the appeal, and to strike out a portion of the transcript, which are urged by the respondent, as will appear from the conclusion reached herein.