64 P. 257 | Cal. | 1901
Motion to dismiss the appeal of the intervener for failure to serve all of the adverse parties.
The plaintiff brought this action to recover from the defendant Kate C. Byrne the amount due upon certain promissory notes executed by her, and that the defendant Florence Blythe Hinckley be directed to pay the said judgment out of certain moneys owing by her to said Byrne. Issues were joined upon this complaint by the defendants Hinckley and Byrne, and a complaint in intervention was filed by the appellant, Kowalsky. Judgment was entered in favor of the plaintiff and against the defendant Hinckley for the amount found due on the notes, and in case he should be unable to collect the same from her, that he recover the same from the defendant Byrne, and that the intervener take nothing by the action. From this judgment the intervener appealed. His appeal, so far as it affects the defendant Byrne, was dismissed, December 31, 1900, upon the ground that he had not served her with the notice of his appeal. (Mohr v. Byrne,
The "adverse party" who is to be served with the notice of appeal is one whose interest in the subject-matter of the appeal will be affected by the reversal or modification of the *252
judgment or order appealed from. Whether the parties to an action are adverse to each other, is to be determined from the record(Harper v. Hildreth,
The motion is denied.
Garoutte, J., and Van Dyke, J., concurred.