Mannix v. Tryon

This is a motion to dismiss an appeal from a judgment foreclosing the lien of a subcontractor. The appeal is prosecuted by the owner of the premises, and respondent bases the pending motion on the ground that no notice of appeal was served upon the original contractor, who was a party defendant. Appellant, resisting the motion, contends that such contractor is not an adverse party, because reversal will aid instead of injuring' him. This contention rests on the proposition that as the judgment against the original contractor is for the sum of $187 it must fall if the lien is declared invalid.…