Green v. Berge

Citations

• 105 Cal. 52
• 38 P. 539
• 1894 Cal. LEXIS 1109

Syllabus

<p>Appeal—Service of Notice—Codefendant not In Adverse Party.— Where judgment is rendered against one defendant and in favor of another defendant against the plaintiff for costs, the notice of appeal by the plaintiff from the judgment rendered against him need not be served upon the codefendant against whom the judgment was rendered in appellant’s favor, as the appeal cannot result in a modification of such judgment, and such codefendant is not an adverse party to the appeal, which can in no way affect his liability.</p> <p>Id.—Definition of Adverse Party.—An adverse party to an appeal means the party whose interest in relation to the subject of appeal is in conflict with the reversal of the order or decree appealed from, or the modification sought for by the appeal.</p> <p>Coterminous Proprietors—Right of Lateral Support.—A landowner has an interest in the adjoining land for a lateral support of his soil, which interest is a limitation upon the rights of the adjoining proprietor, and whoever deprives him of this support of his land, otherwise than as the statute has prescribed, performs an unlawful act.</p> <p>Id.—Joint Wrongdoers—Liability of Contractor and Owner.—All who unite in depriving the landowner of his interest in adjoining land for the lateral support of his soil are wrongdoers, and a contractor who contracts for excavating a lot without provision for supporting the land of the adjoining lot is jointly liable with the landowner who causes the excavation to be made for damages caused by the falling of the soil of the adjoining owner for want of support, notwithstanding the soil did not fall until after the contract was completed, and the grading of the lot accepted by the owner of the graded lot.</p>