Depavo v. Rizzo

Full title: F. DEPAVO et al., Respondents, v. N. RIZZO et al., Appellants

Court: Court of Appeal of California, First District

Date published: Apr 21, 1915

27 Cal.App. 793 (Cal. Ct. App. 1915)

149 P. 795

Opinion

Civ. No. 1555.

April 21, 1915.

APPEAL from a judgment of the Superior Court of Alameda County and from an order refusing a new trial. Wn. H. Donahue, Judge.

The facts are similar to those stated in the opinion in Depavo v. Rizzo, ante. p. 200.

W. E. Rode, and Rose Glidden, for Appellant Elizabeth Piepenberg.

Stetson Koford, for Appellant N. Rizzo.

Aldrich Gentry, for Respondents.

THE COURT. —

This is an appeal from the judgment by the defendant Elizabeth Piepenberg and from an order denying her motion for a new trial.

The facts are the same as in the case bearing the same name as the present, ante, p. 200, [ 149 P. 793], but numbered 1494, this day decided. Both appeals are from the same judgment, but taken by different defendants and by different methods. The points here urged in support of the appeal are there considered and decided, and the conclusion reached that the case should be reversed. For the reasons there given the judgment against this appellant should also be reversed, as also the order denying her motion for a new trial, and it is so ordered.