283 P. 943 | Cal. | 1930
Motion to dismiss appeal. This action involves the construction of a contract. It is to determine *646 thereunder the respective rights of the parties to oil produced from certain properties and for royalties therefrom.
The cause was tried and judgment entered on February 1, 1924, but upon appeal, on December 21, 1927, it was reversed, with direction that judgment be entered in accord with the opinion filed (Lierly v. McEwen,
[1] It is not contended that the court did not fully and accurately follow the writ of mandate. Under such a situation no issues can be left for further litigation. (Heinlen v. Beans,
While the motion is one to dismiss the appeal, it is also sufficient as a motion to affirm the judgment upon the ground that the appeal is frivolous (Tobias v. Adams,
Waste, C.J., Richards, J., Seawell, J., Langdon, J., Curtis, J., and Shenk, J., concurred. *647