Diamond Bank v. Van Meter

Citations

• 18 Idaho 243
• 108 P. 1042
• 1910 Ida. LEXIS 17

Syllabus

<p>Notice op Appeal — Adverse Party.</p> <p>(Syllabus by tbe court.)</p> <p>1. Under tbe provisions of Eev. Codes, sec. 4808, an appeal is taken by filing with tbe clerk of tbe court in wbieb tbe judgment or order appealed from is entered a notice stating tbe appeal from tbe same or some specific part thereof, and serving a similar notice-on tbe adverse party or bis attorney.</p> <p>2. “Adverse party” as used in this section of tbe statute means every party who has an interest in conflict with tbe reversal of tbe judgment or whose rights might be adversely or injuriously affected by a reversal of such judgment, irrespective of whether such party be plaintiff, defendant or intervenor.</p> <p>3. Where a joint judgment is rendered against two or more parties, and an appeal is taken by one of the parties against whom such joint judgment is rendered, then all other parties against whom such joint judgment has been rendered are adverse parties, and notice of appeal must be served upon each in order to give this court jurisdiction.</p> <p>4. Where H. and C. execute a mortgage upon real property, and the property is afterward transferred to K., who assumes and agrees to pay such mortgage, and K. thereafter transfers said property to M., who assumes and agrees to pay such mortgage, in an action to foreclose such mortgage, all of said parties are made defendants, and a joint judgment is rendered against all, foreclosing said mortgage and directing a deficiency judgment to be entered, and M. appeals from such judgment, the appeal will be dismissed upon failure to serve the notice of appeal upon H., C., and K., notwithstanding the fact that judgment by default was entered against them.</p>