Anderson

Respondent has moved to dismiss the appeal upon the ground that no actual notice of appeal was ever given. The language adopted by appellant to effect his purpose is as follows: “You and each of you will please take notice that the plaintiff in the above-entitled action desires and intends to appeal to the District Court of Appeal of the State of California, Third Appellate District, from the judgment made and entered in said action,” etc. It is the contention of respondent that the foregoing is not equivalent to a notice that the plaintiff “does appeal,” but that it simply expresses a purpose or intention to appeal in the future. Respondent calls attention to various code sections, among them, section 941b of the Code of Civil Procedure, and the decisions of the supreme court in Boling v. Alton, 162 Cal. 297 [ 122 Pac. 461 ], and Wall v. Hunter, 186 Cal. 473 [ 199 Pac. 775 ]. Said section 941b provided: “Any person to whom the right of appeal from any judgment, order or decree of the Superior Courts of the state is granted, may appeal therefrom by filing with the clerk of the court in which the judgment, order or decree is rendered, a notice entitled in the cause .in which said…