Klinell

This is an appeal from a judgment for plaintiff Arthur Klinell in an action for damages for wrongful attachment brought against Richard D. Shirey who was the plaintiff in a prior action, and against Earl Hightower, Gene E. Gregg and David M. Garland, who were attorneys of record for Shirey in that action. By jury verdict, damages in the sum of $8,879.04 were awarded against all defendants. Notice of appeal was filed in behalf of all defendants and this opinion will determine the rights of all defendants. The briefs filed, however, are directed only to the appeal of attorneys Gregg and Hightower.

In his brief, plaintiff argues that defendants’ notice of appeal is invalid and cannot support the appeal. Plaintiff maintains that attorney James F. Nelson was not authorized to sign the notice of appeal because, by minute order dated July 16, 1962, Ball, Hunt and Hart were substituted as attorneys of record for defendants. However, section 940 of the Code of Civil Procedure, providing that a notice of appeal must be signed by the attorney of record, was superseded by Rule 1 of the Rules on Appeal, effective July 1, 1943. California Rules of Court, rule 1(a), now provides for signing of…