Purity Springs Water Co. v. Redwood Ice Delivery

This is an appeal by plaintiff in an action for the recovery of five thousand dollars as damages and for a perpetual injunction to restrain the alleged infringement by defendant of a certain label, device, or trademark used by it for bottled water.

Defendant suggests that this court is without jurisdiction to entertain the appeal because of the failure of plaintiff to give any sufficient notice thereof. The record shows that plaintiff duly filed with the clerk of the superior court a paper entitled “Request for Transcript under Section 953a, Code of Civil Procedure,” which contains the following clause: “ ... You will please take notice that plaintiff in the above-entitled action desires and intends to appeal from the judgment heretofore given ...” It is no objection to a notice of appeal that it is a part of the same paper that directs the clerk to prepare the record and, in recent decisions, construing the precise language above quoted, it has been held that “while it would be more satisfactory if the notice had been more explicit, it must be held sufficient to give the appellate court jurisdiction” (Anderson v. Standard Lumber Co., 60 Cal. App. 445 [ 213 Pac. 65 ]; Wright &…