Eddy

Respondent objects to the consideration of plaintiff’s appeal from the judgment herein, and suggests that the appeal should be dismissed upon the ground that no notice of appeal was ever served or filed. The judgment was entered on the fourth day of February, 1918. On the seventh day of March, 1918, the plaintiff filed in the office of the clerk of the court below a document addressed to H. J. Lelande, county clerk, entitled “Notice of Appeal,” the terms of which notice were in the following language: “You will please take notice that the plaintiff will appeal to the District Court of Appeal of the State of California from the judgment,” describing the judgment. At the same time the plaintiff served and filed a notice of intention to move for a new trial, which proceeding is conceded to have ended by operation of law (Code Civ. Proc., sec. 660) on the eighth day of June, 1918, the same having never been acted upon by the court. On the fourteenth day of June, 1918, the plaintiff filed with the clerk of the superior court a document entitled “Notice of Appeal and Request for Transcript under section 953a of the Code of Civil Procedure. ’ ’ This notice stated that the plaintiff “has…