Watterson v. Masterson

The opinion of the court was delivered by

Hoyt, C. J.

A portion of the defendants in this action gave notice of appeal, but did not serve it upon all who had appeared in the action. Thereafter the defendants not served with notice themselves gave notice and served it upon all necessary parties. Respondents moved to dismiss both appeals; the first for the reason that the required parties had not been served, and the second because it was taken while the first was pending and undisposed of.

It was clearly the right of the defendants not served with notice of the first appeal to give notice in…