Union Bond & Mortgage Co. v. Brown

PER 'CURIAM.

This cause is now before us on the motion of plaintiff-respondent Union Bond & Mortgage Company to dismiss the appeal insofar as it purports to 'be an appeal from the order denying the motion for new trial below. The appeal has been previously dismissed to that extent as to defendant-respondent H. P. Brown upon his motion (same title (1936) 64 S. D. 600, 266 N. \Y. 720) upon the ground that the said PI. P. Brown was an adverse party under the statute and a necessary party to the appeal, and that he was not served with notice of intention to1 move for new trial, nor with the…