Majority
p. 267[No. 9034. Department One. December 28, 1885.] SOLOMON J. NATHAN, Respondent, v. CHARLES T. SUTPHEN et al., Appellants.
Headnote
Notice of Appeal — Service of — Leaving Copt in Office of Attornet.— After the filing of the notice of appeal, and on the same day, a copy thereof was presented to the attorney for the respondent in his office, who refused to receive it. The party making the service thereupon, in the presence of the attorney, left the copy on a table in his office. Held, that the service was sufficient.Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order refusing a new trial.
The facts are stated in the opinion of the court.
Joseph H. Shirm, for Appellants.
Charles B. Younger, for Respondent.
— A motion is made to dismiss the appeal in this case, upon the ground that a copy of the notice of appeal was not served. It appears that after filing the notice of appeal, and on the same day, a copy of the notice was taken by a competent person to the office of the attorney for respondent, and there handed him in person. Respondent’s attorney refused to take the notice, whereupon the person making the service, in the presence of the attorney and in his office, laid the copy on the table in front of which the attorney was standing, and there left it. The service was sufficient.
Motion denied.