Svistunoff v. Svistunoff

PETER M. SVISTUNOFF, Appellant, v. MICHAEL SVISTUNOFF et al., Respondents.

COUNSEL

Phil F. Garvey and James A. Himmel for Appellant.

Frank J. Baumgarten and Alexander Riaboff for Respondents.

OPINION

BRAY, J.

Appeal by plaintiff from an order dated September 7, 1950, setting aside a default and judgment.

[1] As pointed out in our opinion this day filed in Svistunoff v. Svistunoff, No. 14831, ante, p. 638 [239 P.2d 650], this order is void on the face of the record and was properly vacated by the order of October 6th. Therefore, the appeal is moot, and is hereby dismissed.

Peters, P. J., and Wood (Fred B.), J., concurred.