Foley v. Bullard
California Supreme Court
Motion to dismiss an appeal from a judgment of the Superior Court of the city and county of San Francisco. The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
Foley recovered a judgment foreclosing a street assessment upon certain realty of defendants. Some of the defendants appealed from the *517judgment, but did not serve notice of appeal upon their co-defendants. Respondent now moves to dismiss the appeal for that reason.
The motion should be denied. The non-appealing defendants are not adverse parties within the meaning of the statute. Their rights will not be adversely affected by a reversal of the judgment. Under the authority of Robinson v. Merrill, 87 Cal. 11, it may be that the practical effect of a reversal of a judgment in this case will be a…
2Cases cited2 opinions
- Millikin v. HoughtonCalifornia Supreme Court · 1888
- Robinson v. MerrillCalifornia Supreme Court · 1890
3Cited by4 opinions
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1907
- Aulbach v. DahlerIdaho Supreme Court · 1895
- Worth v. EmersonCalifornia Court of Appeal · 1906
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1907