Osborn v. Logus

On First Motion to Dismiss Appeal.

1. This is a motion to dismiss an appeal. A decree having been rendered dismissing plaintiff’s complaint in a suit to foreclose a mechanic’s lien, wherein like liens of other claimants upon the same property were foreclosed, the plaintiff attempted to appeal by serving the notice thereof upon the owner of such property only. Appeals are taken by causing a notice to be served upon the adverse party, and filing the original, with proof of service indorsed *304thereon, with the clerk: Hill’s Code, § 537. An adverse party is one whose interest in relation to the…