California Court of Appeal May 7, 1934, Civ. No. 9241 (Smith v. Bimini Income Properties, Inc.)

ARCHBALD, J., pro tem.

Motion to dismiss an appeal from a judgment in favor of defendants in an action for damages for personal injuries suffered by plaintiff, allegedly due to defendants’ negligence. The ground of the motion is the death of appellant.

*448The motion and supporting affidavit were served on appellant’s attorney, who has not appeared nor controverted such statement.