California Court of Appeal December 8, 1960, Civ. No. 24584 (Stafford v. Ware)

BISHOP, J. pro tern.*

We have just filed an opinion supporting an affirmance of a summary judgment in this case. (Ante, p. 227 [9 Cal.Rptr. 706].) The plaintiff took a second appeal, this time from an order denying his motion to vacate and set aside the “order or judgment” which we have just affirmed. The only debatable question presented is: Should we dismiss the appeal or affirm the order ?