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SMITH v. SMITH

Docket No. 20851.

209 Cal.App.2d 343 (1962)

25 Cal. Rptr. 837

FLOYD V. SMITH et al., Plaintiffs and Respondents, v. CLINTON E. SMITH, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

November 8, 1962.

Attorney(s) appearing for the Case

Bohnett, Hill & Bohnett and L.D. Bohnett for Defendant and Appellant.

Tinning & DeLap and Robert Eshleman for Plaintiffs and Respondents.

DEVINE, J.

Plaintiffs move to dismiss the appeal of defendant and cross-complainant from judgment dismissing the cross-complaint based upon an order sustaining a demurrer to the cross-complaint without leave to amend, upon the ground that the judgment is nonappealable. Plaintiffs also move for an order affirming said judgment on the same ground and on the ground that the appeal is frivolous.

Plaintiffs contend...

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