Jones v. Wolverton

The opinion of the court was delivered by

Scott, J.

The plaintiffs brought this action to foreclose a real estate mortgage, and from a judgment in their favor the defendant Russelí has appealed. The respondents moved to dismiss the appeal on the ground that the appeal notice was not served upon the defendants Wolverton. This is conceded by the appellant, but it is contended that said defendants were not entitled to notice, and the question to be determined is whether they had appeared in the action.

The action was commenced in the superior court of Douglas county, and it appears that said…