Jones v. Mcgarvey
56 P. 896 | Cal. | 1899
Plaintiff served his notice of appeal upon one of several codefendants, all of whom had appeared by an attorney. Construing sections 940 and 1015 of the Code of Civil Procedure together, they require service of notice of appeal to be made upon the attorney of a party who has appeared by attorney. In such ease service upon the party personally is not authorized. Appeal dismissed.