Bashore

This action was brought to enforce an alleged trust as to the land described in the complaint in favor of the plaintiff, the legal title, it is alleged, being in the defendant, to have a commissioner appointed for the purpose 'of ascertaining and adjusting the accounts between the plaintiff and the defendant, and to sell said land “to satisfy the demands of the trustee and the residue thereof, amounting to something over $10,000 be paid to this plaintiff”; that a temporary injunction be granted, enjoining the defendant from selling the land in dispute, etc.

The court sustained a demurrer to the complaint without leave to amend, and thereupon rendered judgment dismissing the action. The appeal is by the plaintiff from said judgment.

The notice of appeal in this case was signed: “Rachel D. Bashore, Attorney in fact for John Bashore. John Bashore, by Rachel D. Bashore, his Attorney in fact.”

Respondent raises the question as to whether this is a valid notice of appeal, citing authorities to the point that the notice of appeal must be signed by the attorney of record in the trial court. (Beardsley v. Frame, 73 Cal. 634 , [ 15 Pac. 310 ]; Prescott v. Salthouse, 53 Cal. 221; Whittle…