Town of Madison v. City of Madison

At the time of the oral arguments, the respondents moved to dismiss the appeal on the ground that no notice of appeal had been served on two plaintiffs, the Clack Building Corporation and James C. Vitale. Sec. 274.11 (1), Stats. 1959, provides:

“An appeal is taken by serving a notice of appeal . . . On appeals from a judgment the appellant shall serve the notice of appeal upon all parties bound by the judgment who have appeared in the action.”

The appellants have furnished affidavits of these parties to the effect that they did not appeal because their interests would be protected by the…