Petersen

Motion to dismiss appeal. The action was one for negligence brought against defendant and respondent C. F. Klitgaard and defendant and appellant Naknek Packing Company as joint tort-feasors. A verdict was rendered in favor of plaintiff and against defendant Naknek Packing Company for the sum of $15,000 and in favor of defendant C. F. Klitgaard and against plaintiff.

Defendant and respondent Klitgaard moves to dismiss the appeal as to him on the ground that a joint tort-feasor against whom a judgment is taken cannot raise the point on his appeal that the judgment from which the appeal is taken exonerates the other joint tort-feasors, citing Blackwell v. American Film Co., 189 Cal. 689 [ 209 Pac. 999 ]; Sickles v. McWhitney Power & Elec. Co., 177 Cal. 278 [ 170 Pac. 599 ]. It is unnecessary to discuss this question as reference to the notice of appeal shows that no appeal has been taken from the judgment in favor of Klitgaard. The notice of appeal reads in substance as follows:

By reference to the notice of appeal it will be seen that the phrase “and from the whole of said judgment” contained in the notice refers solely to the judgment against the appellant Naknek Packing Company.…