Haydel

Plaintiff and respondent Lionel H. Haydel moves to dismiss the appeal of defendant and. appellant Andrew Wade Morton in the above-entitled cause. In support of said motion, respondent contends that appellant’s opening brief does not consider or refer to the judgment from which the appeal was taken, that no brief has been filed in support of the appeal from said judgment, and that the time allowed for the filing of appellant’s brief in support of the appeal from said judgment has expired.

In order to understand the point raised by respondent upon this motion, it is necessary to refer to th'e notice of appeal filed by appellant. Said notice reads as follows: “Ton and each of you will please take notice that the defendant above named hereby appeals to the District Court of Appeal of the State of California, First Appellate District, from the judgment made and entered in the above entitled action in favor of the plaintiff and against the defendant, and from the whole and each and every part of said judgment. Said judgment is recorded and entered in Book 353 of Judgments of said court, at page 250 thereof.”

At the time said notice of appeal was filed there was but one “judgment made…