Nason v. John
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. J. C. B. Hebbard, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHall, J.
Defendant William John appeals from a judgment foreclosing a materialman’s lien for $129.39 against him as owner.
Respondent in his brief moves that the appeal be dismissed, because no notice of appeal was served on Williams, the contractor and co-defendant with appellant. The decree, however, recites that “defendant G. A. Williams, not having been served with process, was not before the court. ’ ’ No judgment was taken against Williams.
Defendants not served with process and not appearing, and against whom no judgment is taken, need not be served with notice of appeal. (Terry v. Superior…
2Cases cited12 opinions
- Merced Bank v. RosenthalCalifornia Supreme Court · 1893
- Dingley v. GreeneCalifornia Supreme Court · 1880
- Clarke v. MohrCalifornia Supreme Court · 1899
- Renton v. ConleyCalifornia Supreme Court · 1874
- Harmon v. San Francisco & San Rafael RailroadCalifornia Supreme Court · 1890
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3Cited by2 opinions
- Lucas v. ReaCalifornia Court of Appeal · 1909
- Lucas v. ReaCalifornia Supreme Court · 1909