Toy v. San Francisco & San Rafael R.R. Co.

Citations

• 75 Cal. 542
• 17 P. 700
• 1888 Cal. LEXIS 580

Syllabus

<p>Appear—Service of Notice—Adverse Parties — Substitution of Defendants. —The defendant, before filing any answer, made a motion in the trial court for an order substituting certain persons as defendants in its stead, and gave notice of the motion to the parties sought to be substituted. The motion was denied, and the defendant declining to answer, judgment by default was rendered against it. The defendant appealed from the judgment, claiming a reversal on the ground that the refusal to make the substitution was erroneous. Held, that the parties sought to be substituted were “adverse parties,” within the meaning of section 940 of the Code of Civil Procedure, and should have been served with notice of appeal, and this not having been done, the appeal should be dismissed.</p>