California Court of Appeal April 5, 1951, Civ. No. 18324 (Cohen v. Cohen)

HANSON, J. pro tem.

This is a second motion by the respondent to dismiss the appeal taken in this case. On the first motion we declined to dismiss the appeal because the grounds therein set forth were inadequate to warrant the dismissal. The motion now before us sets forth a new and distinct ground which was known by the respondent and available to him at the time he filed his first motion.