Gardner v. Stare

Citations

• 6 Cal. Unrep. 777
• 66 P. 3

Syllabus

<p>Appeal.—A Motion to Dismiss an Appeal from an Order Denying a new trial because such motion was not served on all the parties who would have been adversely affected by the granting of the motion will not be considered, since it involves the merits of the appeal and an examination of the record.</p> <p>Appeal.—Where, in an Action Concerning the Separate Property of a wife, whose husband defaulted, it appears that pending a motion for a new trial such wife died, whereupon all parties consented to the substitution of her administrator, and notice of appeal was served on him, a motion to dismiss the appeal on the ground that such husband and wife had not been served with notice of the appeal is of no avail.</p>