Brown

Action to recover from defendants on their joint and several promissory note.

The appeal is from a judgment rendered against both defendants, and is prosecuted upon the judgment-roll alone.

On behalf of appellant Tungate, it is contended that the judgment as to him should be reversed, for the reason that it does not appear that any summons was ever issued or served upon him; nor does the judgment-roll disclose any answer, demurrer or other appearance filed on his part. The judgment, however, recites that defendant Tungate appeared by Watkins & Blodget, as attorneys for himself and his co-defendant Caldwell. Section 1014, Code of Civil Procedure, provides that “a defendant appears in an action when he answers, demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of appearance for him.” While under the provisions of section 670, Code of Civil Procedure, his answer or demurrer is made a part of the judgment-roll, the notice of appearance which he may give to plaintiff, or which his attorney is authorized to give under the provisions of section 1014, supra, constitutes no part of such roll; hence, failure to serve Tungate with a summons,…