MacDonald

Certiorari to review the action of the Superior Court in dismissing an appeal taken from a judgment rendered in the Justice’s Court.

In substance the petition recites that on the twenty-eighth day of July, 1928, the Golden West Credit and Adjustment Company, a corporation, commenced an action in the Justice ’s Court of the City and County of San Francisco, against J. D. Small and F. L. W. MacDonald, individually and as copartners doing business under the firm name of MacDonald & Company, and Arthur A. Goepp and F. J. Fuller, individually and as copartners doing business under the name of Fuller & Goepp. Defendants Small, MacDonald and Goepp appeared separately in propria persona and filed their respective denials. Trial was had and judgment was rendered against MacDonald in favor of plaintiff and all other defendants. MacDonald filed his notice of appeal from the judgment and served the same upon the attorney for plaintiff. Motion to dismiss the appeal was filed, upon the ground that the court had no jurisdiction to hear and determine the same for the reason that no notice of the appeal was ever served upon the defendants in whose favor judgment was rendered, it being claimed…