French v. McCarthy

Citations

• 110 Cal. 12
• 42 P. 302
• 1895 Cal. LEXIS 1008

Syllabus

<p>Appeal—Service of Notice upon Codependant—Dismissal.—Where an action was brought against two defendants upon a contract of guaranty-executed by them to the plaintiff, and was tried solely upon issues presented by the separate answer of one of them, and the record does not show that the codefendant had answered the complaint, it'appears that a reversal of the judgment would have no effect upon the rights of such codefendant; and it is not necessary, upon an appeal from the judgment, to serve the notice of appeal upon such codefendant, nor will the appeal be dismissed for want of such service.</p>