McDONALD CANDY CO. v. LASHUS

Docket No. 33.

200 Cal.App.2d 63 (1962)

19 Cal. Rptr. 137

McDONALD CANDY COMPANY, Cross-complainant and Appellant, v. D.W. LASHUS et al., Cross-defendants and Respondents.

Court of Appeals of California, Fifth District.

February 6, 1962.


Attorney(s) appearing for the Case

Hanna & Brophy for Cross-complainant and Appellant.

McCormick, Barstow, Sheppard & Coyle, R.A. McCormick and Hollis G. Best for Cross-defendants and Respondents.


BROWN, J.

This is an appeal from an order of the Superior Court dismissing appellant's cross-complaint, said order being entered on motion of respondents pursuant to section 583 of the Code of Civil Procedure, a portion of which section reads as follows:

"When, in any action after judgment, a motion for a new trial has been made and a new trial granted, such action shall be dismissed on motion of defendant after due notice to plaintiff, or by the court of...

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