Randall v. Hunter

Citations

• 69 Cal. 80
• 10 P. 130
• 1886 Cal. LEXIS 632

Syllabus

<p>Appeal—Notice of—Service on Defendant not Appealing.—Where one of several defendants appeals from a judgment or order rendered against them all, the defendants not appealing are adverse parties within the meaning of section 940 of the Code of Civil Procedure, and should be served with the notice of appeal, if the reversal or modification of the judgment or order appealed from would affect their interests in the subject-matter of the appeal.</p> <p>Id.—Action against Partners—Default of One Defendant. —The action was brought on a promissory note alleged to have been executed by the defendants as partners. One of the defendants made default, and a trial being had as to the other, a verdict was rendered against him. - Judgment was thereupon entered against both of the defendants, from which, and from an order denying him a new trial, the defendant against whom the trial was had appealed. Held, that the defendant who made default was not an adverse party, and that the notice of appeal was not required to be served on him.</p>