Wallace v. Brende

This case is now before the court on a motion to dismiss the appeal. The action below was brought against several defendants and judgment was entered in favor of the plaintiff, and against all of the defendants. Only two of the defendants have appealed. It is thé contention of the plaintiff that the non-appealing defendants are adverse parties within the meaning of SDC 33.0703, and that no notice of appeal having been served upon them the case is governed by the rule established in such cases as Union Bond & Mortgage Co. v. Brown, 64 S. D. 352, 266 N. W. 720; Crouch v. Dakota, W. & M. R. R.…