Reed v. Allison
California Supreme Court
Appeal by the defendant, John Treat, from the final judgment of partition in the District Court of the Twentieth Judicial District, of the State of California, in and for the County of Santa Clara. Belden, J. Action for partition of real estate. Some of the respondents moved to dismiss the appeal. The facts are stated in the opinion.
1Opinion of the Court
McKee, J.:
This case arises out of an action of partition in which the parties to the action are all actors or plaintiffs, each against each and all others. The case comes before us on appeal from the final judgment. On such an appeal it is necessary that notice of appeal should be served upon all the parties respondent, else the appeal will be ineffectual (Senter v. De Bernal, 38 Cal. 638); and, because, as it is contended, notice of the appeal has not been served upon some of the respondents nor their attorneys, a motion is made to dismiss the appeal.
The notice of appeal is dated April…
2Cases cited5 opinions
- Franklin v. ReinerCalifornia Supreme Court · 1857
- Moore v. BesseCalifornia Supreme Court · 1868
- People ex rel. Board of Water Commissioners v. Common CouncilMichigan Supreme Court · 1876
- People v. Alameda Turnpike Road Co.California Supreme Court · 1866
- Corning v. GillmanNew York Court of Chancery · 1846
3Cited by12 opinions
- Williams v. Santa Clara Mining Ass'n of Balt.California Supreme Court · 1884
- Holmes v. AndersonCalifornia Court of Appeal · 1928
- Hogs Back Consolidated Mining Co. v. New Basil Consolidated Mining Co.California Supreme Court · 1883
- Carlon v. GrayCalifornia Court of Appeal · 1935
- Lowrie v. S. SalzCalifornia Supreme Court · 1888
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