Anderson v. Standard Lumber Co.

Respondent has moved to dismiss the appeal upon the ground that no actual notice of appeal was ever given. The language adopted by appellant to effect his purpose is as follows: “You and each of you will please take notice that the plaintiff in the above-entitled action desires and intends to appeal to the District Court of Appeal of the State of California, Third Appellate District, from the judgment made and entered in said action,” etc. It is the contention of respondent that the foregoing is not equivalent to a notice that the plaintiff “does appeal,” but that it simply expresses a…