Tettamauzi v. Zeno

Plaintiffs, appellees, moved to dismiss the appeal herein upon the grounds, first, that the notice of appeal was filed four days after service thereof by’mail, and, second, that such notice is insufficient by reason of' certain defects in the affidavit of service.

Section 296 of the Code of Civil Procedure provides that—

“An appeal is taken by filing with tbe secretary of tbe court in which tbe judgment or order appealed from is entered, a notice stating the ■ appeal from the same, or some specific part thereof, and serving a similar notice on the adverse • party, or his attorney. ’ ’

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