Sherman v. Shisler

The plaintiff had judgment in the court below, ■from which defendant appealed, demanding a new trial in the ^appellate court, his present attorneys subscribing the notice of appeal as attorneys in the action. This was authorized. Code Civ Proc. § 3046.

When appealed the action became one pending in the appellate court, and the same proceedings which obtain therein in an action are applicable to it, except as otherwise specially prescribed. Code Civ. Proc. § 3071.

The powers, obligations and duties of the attorneys who appear and take the appeal are unaffected by other provisions, and their…