Haas v. Moloch Foundry & Machine Co.

The motion to dismiss the appeal is based upon sec. 274.11 (1), Stats., which provides:

“Appeal, how taken and perfected, costs. (1) An appeal is taken by serving a notice of appeal, signed by the appellant or his attorney, on the adverse party and on the clerk of the court in which the judgment or order appealed from is entered. ...”

The respondent contends that Kraut, the purchaser at the receiver sale, is a necessary party to an appeal from an order confirming the sale to him. That the service of a notice of appeal upon the adverse party or parties is essential to the *532jurisdiction of this…