Hopkins

Motion to dismiss appeal for alleged lack of sufficient notice. The respondent, as appears both from the affidavit of her attorney and the certified copies of documents presented by defendants, sued for and obtained judgment of mandamus against Charles L. Sanderson and four other persons mentioned in the title of the suit by name and as composing the board of trustees of the Whittier Union High School District. A notice of appeal was given. That notice bore at its head the title of the case in the following form: “Gwynn E. Hopkins, otherwise known as Mrs. M. P. Hopkins, Plaintiff, vs. Charles L. Sanderson et al., Defendants. ’ ’ In the body of the notice it was stated “that the defendants above named desire to appeal and do hereby appeal . . . from the whole of that certain order . . . and from the whole of the judgment of the aforesaid Superior Court . . .; and the defendants hereby request that the transcript of the testimony and evidence taken, ... be made up and prepared.” The point upon which a dismissal of the appeal is asked is that the notice was insufficient to institute an appeal on behalf of all of the defendants who were sued in the action, as they are not named in the…