Adams v. Christopher

JUSTICE Pro Tem. McDANIEL Delivered the Opinion op the Court.

All the parties above named excepting D. E. Burgess, denominated defendant and cross-complainant, respondent herein, and Indemnity Insurance Company of North America, defendant and appellant herein, have no further part in this litigation for the reason that they, by appropriate judgments, settlements and stipulations have disposed of their several controversies.

[38]

The appellant gave notice of appeal as follows:

“(Title of Court and. Cause.)

“To the Honorable J. P. Pullen, Judge of said Superior Court, and to D. B. Burgess, Defendant and Inter-pleader in the above entitled action, and Hubert H. Briggs, his attorney:

“You, and each of you will please take notice that Indemnity Insurance Company of North America, a corporation, one of the defendants in the above entitled action, hereby appeals to the District Court of Appeal, Third Appellate District of the State of California, from that certain order made and entered in the above entitled cause in said Superior Court on the 5th day of May, 1930, overruling demurrer of defendant Indemnity Insurance' Company of North America, a corporation, to the pleading of defendant and interpleader D. B. Burgess in said action, and that the pleading of D. B. Burgess denominated cross-complaint, be treated as an independent, original complaint, and from the whole thereof.

“Dated: May 16th, 1930.

“R. C. Pardos,

“Attorney for defendant Indemnity Insurance Company of North America, a corporation.

.“Service of the within Notice of Appeal by copy is hereby admitted this 16th day of May, 1930.

“Hubert H. Briggs, per C. Dubois, “Attorney for D. E. Burgess, Defendant and Inter-pleader.

“Endorsed Piled May 16-1930 Harry W. Hall, Clerk by W. H. Young, Deputy.”

There seem to have been two orders exactly alike made by the trial court on May 5th, the only difference being that in the first order the names of all of the parties defendants and interpleaders were not set out in full but in abbreviated form.