Foster v. Carey

Full title: J.J. FOSTER, Respondent, v. S.D. CAREY et al., Appellants

Court: Court of Appeal of California, Fourth District

Date published: Nov 21, 1939

35 Cal.App.2d 744 (Cal. Ct. App. 1939)

96 P.2d 155

Opinion

Docket No. 2065.

November 21, 1939.

APPEAL from an order of the Superior Court of Imperial County authorizing payment of costs and attorney's fees before trial. V.N. Thompson, Judge. Reversed.

The facts are stated in the opinion of the court.

Hickcox Provence for Appellants.

Hugh S. MacKinnon for Respondent.

MEMORANDUM CASE.

THE COURT.

This is an appeal from an interim order authorizing the payment of costs and attorney's fees before the trial of the action. [1] A subsequent judgment, which has become final, decided the questions presented on this appeal in favor of the appellants. The parties to this appeal have accordingly stipulated that the order appealed from may be reversed.

The order appealed from is reversed.