Valley City Land & Irrigation Co. v. Schone

Respondent moves to dismiss the appeal upon two grounds, the first of which only will be noticed. The motion in respect to the ground to be considered is based upon the original records and papers sent up from the trial court,— more particularly upon the notice of appeal and the proof of service thereof, and upon appellants’ printed abstract, — and is urged upon the ground that neither the original record and the papers, nor the printed abstract show that the notice of appeal was served upon ‘‘the adverse party and upon the clerk of the court in which the judgment or order appealed from is…