James W. Moyle
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. Motion to dismiss appeal. The facts are stated in the opinion of the court. Henry G. Sieberst, and D. L. Smoot, for Administrator of M. Landers.
1Opinion of the CourtMcFarland, J.
This case is now before us upon a a motion to dismiss the appeal as to the respondent Michael Landers, and his legal representatives.
Upon an examination of the papers, we find that there were several defendants in the court below, and that they all appeared by the same attorney of record. Judgment went for defendants; and in due time plaintiffs filed their notice of appeal, and served it on the said attorney of record, who accepted service for all the defendants. As a matter of fact, however, the defendant Michael Landers had died between the entry of .the judgment and the service of the…
2Cited by1 opinion
- Link v. ReevesNebraska Supreme Court · 1902