Senter v. De Bernal

Citations

• 38 Cal. 637

Syllabus

<p>Adveese Pajrtt.—By the words “adverse parly,” used in Sections 335 and 337 of the Code, in relation to appeals, is meant every party whose interest in the suhject-matter of the appeal is adverse to a reversal or modification of the judgment or order from which the appeal has been taken, irrespective of the question whether he appear upon the record in the attitude of plaintiff, or dedefendant, or intervenor.</p> <p>Who Mat Appeal and Who Must be Notified.—The code allows any party who feels aggrieved to appeal without joining any one else, whether the judgment against him he joint or several; hut he is required to notify all other parties who are interested in opposing the relief which he seeks hy his appeal, if they have formally appeared in the action, and if he does not he will he not only entitled to no relief against those not notified, hut also against those noti- • fled, if the relief he seeks is of such a character that it cannot be granted as to the latter without being granted as to. the former also.</p> <p>Pasties in Pabtition—Theeb Relation to Each Otheb.—The parties to a partition suit are all actors, or plaintiffs, each against each and all others. Appeals ebom the Inteblocutoby Judgment rsr Pabtition.—Appeals may bo taken from it by the parties aggrieved without notice to anybody except those who were parties to the particular issue which they seek to have reviewed.</p> <p>Idem—Ebom Final Judgment. —If tho object of the appeal be to reverse or modify the final judgment in partition, all tho parties to tho judgment must bo made parties to tho appeal, either as appellants or respondents, or the appeal will prove ineffectual.</p> <p>Idem. — In an action for partition, if there be eleven plaintiffs and fifty-seven defendants, and five of the defendants join in an appeal from the whole of the final judgment, and give the plaintiffs notice, but not their co-defendants, tho appeal will be dismissed.</p>