Hunter v. Allen

On Behearing

(148 P. (2d) 936)

Before Bailey, Chief Justice, and Belt, Lusk, Brand and Hay, Associate Justices. HAY, J.

Prior to submission of this appeal upon the merits, Clarence J. Hunter, the plaintiff-respondent, moved to dismiss the appeal. His motion was based upon the jurisdictional ground that no notice of appeal was served by the appellants upon their eodefendant, Edith E. Allen, who, as he contended, was a necessary party to the appeal. In support of the motion, he relied principally upon the argument that a reversal of that portion of the decree whieh gave respondent only an…