First National Bank v. Gordon Hardware Co.

The respondent, plaintiff below, on May 12, 1902, obtained a judgment against the defendant and appellants foreclosing a mortgage upon real property. On August 9, 1902, the appellants gave notice of appeal from the judgment, serving the same upon the plaintiff in the action only, omitting to serve the defendant Gordon Hardware Company. The respondent moves to dismiss the appeal on this ground, bringing here a short record showing the judgment, the notice of appeal, and the return of service thereon, and the bond on appeal. The record of the appellants is not in this court, and the time fixed…